Employer from hell!! - Need some advice

[- Dan -]

Hi Everyone,

 

I shall do this the proper way and introduce myself first since this is my first post

My name is Dan and I am from Leeds!

 

Moving on....

 

I'm having some difficulties with my employment. The company I currently work for employ 200+ staff, but they are a family run business if that makes a difference. The business grew extremely fast over the last 4 years, 4 years ago they only had 30+ staff.

However in terms of management, they still act like they are running a small business.

 

From 2012 I was working for this company as a sub-contractor, since I was working for them 40+ hours per week they later decided to offer me full time employment on the books in Feb 2013 to which I accepted.

 

I signed a 'offer letter' which was a very basic contract in a sense with a 6 month probationary period. After the 6 month probationary period ended I asked if I could now sign onto a new permanent employment contract, I was told I wouldn't need to as my 'offer letter' remains as my permanent employment contract after the 6 month probationary has expired. Me not knowing too much on employment just acknowledged what I was told and left it as that.

 

7 months into my employment, the company was starting to show signs that it was struggling with its bills. Suppliers started holding accounts every couple of weeks, subcontractors payments were becoming more and more late. My wages were unaffected at the time.

 

The company was busy, it was a game of politics between the company and its clients to which payments to our company were withheld, usually because of incorrect specification and jobs running late etc. Subcontractors and suppliers not being paid started to cause a downward spiral in effect.

 

9 months into my employment, I had been asked to start working away and work overtime to try push these jobs to completion. I didn't really fancy it but I thought for the sake of my job I better do it. Biggest regret I have now.

 

I was pretty much spending my entire time working 300 miles away from home, I would set off home on a Saturday morning and then I would return back to my hotel Sunday night. Not much of a life! and my partner at the time was not best pleased either.

 

It comes to pay day, I only got paid a basic wage. No overtime, no driving time or working away bonus that I was promised. My payroll manager had conveniently gone on holiday for 2 weeks from the pay day, the temporary person covering payroll couldn't help me and advised me to wait until she returns from holiday. I raised the issue with my department head and he said pretty much the same and it was out of his control.

 

So I carried on working away hoping I could sort it when the payroll manager returns. When she finally did I went to see her, apparently I had been filling in my timesheets wrong and that's why I was only paid basic? So my immediate reply was "I have been filling in these time sheets exactly the same as I have for the past 9 months, nobody has raised any issues with them before". I was told I would have to have a meeting with my department head, HR and payroll the next week to review my timesheets.

 

The meeting got postponed the day before I was due to go in, and again and again. I was concerned by this point to which I managed to have a sit down with my department head. We went over the timesheets, there was very little mistakes if any. He said he would deal with payroll immediately and I would have the moneys owed in my next pay (which was due in a few days). Payday came which was on Christmas Eve! surprise surprise, basic wage again. No overtime from the last month or the month in arrears. At that point our office was closed until after the new year, so nothing I could do.

 

After the new year on the first week back to work, I refused to work away until I had the money. Again everyone gave me their assurances that I would get paid but they just kept fobbing me off. As well as problems with pay I still had other issues with them which I have not mentioned. The organisation skills, getting chucked onto jobs with the wrong information, Our HR department is completely useless, they just feed you with crap and don't help like they should do. I could go on forever how bad things were getting. The second day I found out 35 workers had just been made redundant, so alarm bells were ringing.

 

After a hell of a lot of hassle with money, jobs, staff. I was no longer my self.

I was starting to argue with my partner a lot, we shortly split up over it. I started having money troubles and I just had no fight left in me, I just became isolated.

 

I saw my doctor, went through with him everything that had happened and how I felt. He prescribed me some tablets to try gain sleep and pick myself back up, but he signed me off work for 2 weeks as he determined I was not well enough to go due to occupational stress. So as of the 20th of this month I have been off on sick leave. I am due to return on Monday 3rd of Feb to which I will be having a meeting regarding the stress caused by work.

 

Today, I received my payslip in the post!

 

They have paid me basic yet again! But not only that...

 

It shows on my wage slip my standard full month wage, then my national insurance and payee tax has been deducted calculated from my full months wage. Then, they have deducted sick leave of £960 after I have paid tax's on a full months wage! But shouldn't they have deducted sick leave the next following month?? I have only been off sick by 8 working days so far and they have taken 70% of my wage from me??

 

Please, I really need some help with this as I feel I am becoming even more stressed about it all now.

 

I need to really know,

 

A - Can they take sick leave off my wage in advance?

B - Would I be doing wrong by demanding for a cheque for all moneys owed in this meeting before I return to work?

C - Should I have signed a new contract after my 6 month probationary expired?

D - Are they allowed to make deductions from my wage without notifying me?

E - Is sick pay immediate from the day you don't come into work?

 

Please if you have read my story, and there is other ammunition for my meeting on Monday please let me know.

 

I know this is one hell of a post, but to those who have read it thoroughly. Thank you so much for your time, I really appreciate your help.

 

Dan

[Emmzzi]

Dan,

 

you have a lot of issues bundled up here.

 

What is your desired outcome?

[- Dan -]

When I go into this meeting on Monday I want to walk in there with confidence and be able to put them straight on these issues. I want to be able to know what I am talking about, and know as an employee what rights I have. At the moment I don't because I have never been in this situation before, and I am struggling to find any useful information to these specific problems.

 

My desire is to settle all of the issues and walk out of that meeting with a cheque for everything I am owed.

 

The unpaid overtime im owed is currently at £2,752, and I believe I shouldn't of had £960 deducted from this months wage either. So £3712 is what I believe I am owed.

 

Thanks for your reply

[Emmzzi]

with a job at the end of it also?

 

A cheque at right that minute is unrealistic.

 

 

• 
  
  A - Can they take sick leave off my wage in advance? = are you paid in advance or arrears? how long are you signed off for? did you get SSP?
  
  
  B - Would I be doing wrong by demanding for a cheque for all moneys owed in this meeting before I return to work? = IMO demanding never solves things. If they are laying off anyway its the perfect way to be next on the list
  
  
  C - Should I have signed a new contract after my 6 month probationary expired? = no
  
  
  D - Are they allowed to make deductions from my wage without notifying me? = for sick leave yes
  
  
  E - Is sick pay immediate from the day you don't come into work? = 4 day lag for SSP