I'm not sure if anyone can help me but I've spoken to acas and it looks like I've been well and truly shafted by my old employers. Background - sent them a letter last June advising them of pregnancy and proposal to take 5 days holiday just before Maternity Leave. Never received a reply or acknowledgement. Received my maternity pay but the 5 days holiday were unpaid. Chased up my payslips which were finally sent out 3 months after start of maternity leave. Spoke to payroll (emailed them but they said as it was so complicated they would speak over the phone) who explained that as I was on Maternity Leave I could not have the 5 days as this was payroll and the Inland Revenue wouldn't let me be on payroll and maternity leave at the sametime. They promised that as soon as I finished my maternity leave I would get the 5 days owing to me. Spoke to my boss on numerous occasions about this and promised the 5 days. I was awaiting a suitable position to arise so that I could go back to work. No suitable position materialised (more cr*p over the phone) so I got a job with another company and asked for my P45 and owing money (in May this year).
They promised this to me but it has never materialised - only a P45 which showed 0 pay for the current tax yer. When I spoke to them over the phone they said that I would have to put everything in writing. This I've done and I have been going backwards and forwards with them. They are now saying that I took too many days off and are not paying the 5 days. I have signed timesheets that back-up the days I took holiday and the days I was sick. My contract states that I had 20 days holiday (in addition to Bank Holidays) and 10 days sick and that the sickness notification is by a phone call to my manager. This was done. On my timesheets, when I had holiday I wrote it accordingly and when I was sick I wrote either sick or n/a. They have also misinterpreted the timesheets and are saying that for some days I was not working when the timesheet clearly states that I was.
I have spoke to Acas and, surprise surpirse, any claim for an illegal deduction from your pay needs to be made within 3 months of it happening. So they knew what they were doing when they held back my payslips.
I would like to issue a small claims against my old employer for the 5 days plus interest (since it is over a year now) and I know the process itself is quite easy. Has anyone ever been through this process or is anyone an employment law specialist? Do you think I could win, as I have documents that back up the days I worked - I just don't have documents to back my sickness as this was done verbally over the phone.
Thanks for reading - and helping!!