Ex employer with holding pay and P45

[Blush12]

I left my employer a small company of 5 employees,after being there for just over a year as we were advised verbally that the company would be shutting down later this year.
I them 4 weeks notice. Unfortunately I was really ill on my last 2 working days my last day was due to be 24th April 2015 and I advised my line manager on both days. On Monday 27th April the director wrote to me advising that I hadn't informed her that I had been ill and that I wouldn't receive my final pay and P45 until they had received the office key of which I sent by recorded delivery and they received on the 30th April 2015.

My final salary was due on the 30th April 2015 and this didn't appear in my account and I never received my P45 either.

I emailed the director asking when I would receive them only to receive an out of office that she was on leave until 18th May 2015, I emailed again yesterday asking for an update only to be advised by the director that the other director (her husband) wants a meeting. I have also received an email from him today saying that he needs a meeting with me before things can progress with my final salary and P45.

Please can someone advise me how to proceed as I am away with my new company next week for a few weeks and also I don't feel that I should meet my Ex employer as I feel that this is stalling to pay me monies owed and my holiday pay.

If they continue to withhold your P45, they will be breaking the law. I don't think they can just not pay you, even if there's some dispute about the final figure, but I'm not sure of the law on that.

However, I assume they want to discuss your last two days being sick, before confirming your final pay. I would suspect that they could try to claim you terminated employment on the 22nd April rather than the 24th, and therefore you get paid two days fewer than expected - it could also affect pro-rata'ed holiday pay. I agree they are stalling.

So questions I would look at are:

• Have you any proof you told your line manager about the sickness, e.g. itemised phone bill showing you rang?
• Did you see any medical people on your last two days, e.g. GP, out of hours, A&E, that would prove you were ill and not just skiving? (May be difficult, if you self-certified, but if you saw someone, it should show on appointment records and your medical notes.)
• What was the company's policy on sick pay? Did they pay anything more than statutory?
• What holiday did you have outstanding? (i.e. What holiday pay are you expecting?)

Then you need to contact your union if you're a member, or a solicitor who is an expert on employment law, and get some advice from someone who knows what your legal rights really are here.

Good luck.

Thank you ebear.

• Sick pay is smp

• 6 days holiday I was due

• I have it logged on my mobile and I also followed up with an email as gave her information of where I was up to.

Not at any one time have they queried any thing even when the director sent me the letter and also prior to me being sick I know the payroll was ran.

Am I better of going to see them or do I just get legal advice and go straight down that route as I am now concerned that now 4 weeks have passed and they are requesting a meeting.

If it were me, I think I'd want to see if I could talk to a solicitor first, rather than agreeing to any meetings, but given your timescales, it may not be possible. But I don't know what you should do, or what your legal obligations are - this is why you need to speak to someone who would know.

I would search the ACAS and CAB sites, to see if there's any advice there, and also a general google (make sure you're looking at UK-based sites if they refer to the law and rights and responsibilities.)

Has it caused you any financial hardship? (I'd be definitely struggling if I weren't paid for a month.) I have no idea if they'd owe you any interest or compensation or anything, if they've withheld pay with no acceptable reason, but it's probably worth finding out.

It has caused my a lot of hardship as I am a single parent. I am lucky as my godfather has lent me the money for my mortgage and my bills.

I will see if I can get an appointment at CAB and I will ring ACAS.

Shall I not reply until to the email until I seek advice.

Cab are brilliant. I had awful employers a few years ago that kicked me out when I handed in my notice and tried to withhold my notice pay. They soon sorted them out

Thank you Helen I will ring them today to make an appointment.

You are not obliged to meet with your employer.

You could send a polite signed and dated letter, retaining a copy for yourself, to your former employer setting out how much you are owed in wages plus your holiday pay and requesting payment within 14 days of the date of the letter. You could also request your employer to provide you with full written details in the event of any discrepancy. This would give your employer the opportunity to sort out matters and you would have a record of the request.

Should you not receive a response within 14 days you could take the matter further by completing an Early Conciliation form which you can find on the ACAS website. You would need to lodge the form with ACAS within three months of your last day at work. ACAS could then liaise with your employer to see whether or not matters could be resolved and if not, you could then decide if you want to take it further to the Employment Tribunal.

Good luck.