Can anyone help what I can do to get what I'm owed? (Maybe a trigger - mentions sexual harrassment)

[Kyovashad]

Can anyone help me please?

I'm not sure what I'm doing, I'm not sure how to do this or whether I even can.

I was at a job for 4 months (I was the only female). During this time I was subjected to degrading comments regarding women on a daily basis. They included about women being raped and degrading names regarding sex and the way we looked. I can't quite explain how awful it was day in day out and I didn't realise how it affected me till I left. My reviews where carried out infront of the whole office, never in private, which was very awkward. I came into the job with an early finish on a friday but I never got it. I would just recieve sly comments about leaving each Friday and the following Mondays, I'd get a telling off for it. This led me to be late for school runs and just caused more stress. I couldn't raise any problems as I was continuously made aware that "this was a man's company". It's ran me into the ground a little bit mentally, I was given beta blockers from my gp for stress. I left with immediate affect around 3 weeks ago. I knew if I handed in my notice in person, I'd be humiliated infront of the whole office.They owe me roughly £400 and I don't believe they have any intention of paying. Pay day is the last Friday of the month and I've checked my HMRC account, payment is showing at £0 for August. I've had no P45 either which may be a problem at my new job. I'm thinking of calling ACAS but I'm worried. Will I have to tell them everything? Will this impact any future employment? I just do not want to cause myself any stress. I'm glad to be away from it, I'd love to never step foot in an office again. I just want the money I am owed. I know if I contact them, I'll get a horrible response and I just can't deal with it right now.

Any help would be appreciated.

I'm sorry about what you went through, but you can't not contact them. You have to ask for the money you are owed. If they don't give it to you then you will have to sned them a letter before action warning them that you will take legal action before you can take that action. ACAS might do that contact for you if you make a claim, but you still need to, as a minimum, ask for the money. But as a warning, you walked out without giving notice, so whilst it is rare, they could counter claim against you for quantifiable damages / costs as a result of your failure to give notice.

Was any of the harrassment at all in writing? Texts, emails, anything at all that you can use to prove how awful they are?

Bloody hell, they sound vile. I'm so sorry you went through that.

Good luck with getting your money.

Did you raise any of the issues with them before you left or in your resignation? It does sound like you have a case for a tribunal claim for constructive dismissal on the basis of a protected characteristic (gender) so don't need 2 years service.

You only have three months to submit an ET1 though.

If you only want the money you are owed, write to them telling them that they owe you X amount and that you expect to receive it by Y date otherwise you will be filing a tribunal claim for constructive dismissal and illegal deduction from wages.

Don't worry about the P45 - you can download a new starter form from the HMRC website and submit that to a new employer. We ask new starters to complete these as it means that we can get their tax right in month 1 when often a P45 isn't received and processed in time.

I have contacted them 2 weeks ago to outline what I was owed in holidays and overtime. I didn't get a response at all from them.

I have one email that I sent a copy of myself to where I asked for a meeting regarding the sexual degrading comments and the way I was being treated. I asked for it to be private and they responded that it will be carried out in the middle of the office as they don't have a room privately (small office) I asked if possible it can be done privately at the Head offices in another location but they stated no and it was just office banter. So I couldn't raise the issues as it would of been infront of the same people doing said things. My boss was also involved in the comments, so I would never of won here.

I've been attacked when I was younger and it has just made me feel shit all over again. So if I could avoid more contact with them, I really will.

To add, there is a storage unit that's pretty big, so I would've of been happy with it being carried out there as it was private. I suggested this and it was still a no due to health and safety. There was no health and safety concerns as I looked after that unit myself and there wasn't any chance of objects falling or anything like that.

Hi OP, I can't offer any advice on your money problem. But I just wanted to say that I am male, and I am disgusted at hearing how you say you have been treated. Such behaviour is far from acceptable in any workplace, even if it is male dominated, and I just wanted you to know that not all men are the same. GL getting dues, and be kind to yourself - it isn't your fault you have been treated like this.

How awful - if it's only pay day today, then it's unlikely to be on your HMRC record yet

Can you contact head office and make a formal grievance and ask them to sort things out - is there an HR department?

(Edited to say grievance rather than complaint)

If you have proof of what you are owed are not in breach of contract around the way you left then I would send them a letter before action. They may be withholding your wages in lieu of notice which they may be entitled to do depending on your contract.

Did you raise any of the issues with them before you left or in your resignation? It does sound like you have a case for a tribunal claim for constructive dismissal on the basis of a protected characteristic (gender) so don't need 2 years service.

You only have three months to submit an ET1 though.

Much as I would like to see them dragged through a court, I wouldn't advise it. The OP has clearly said that they can't bear to have any contact with them, even over outstanding pay. Some who has shed loads of evidence, and has gone through the grievance procedures before resigning, would be facing a tough battle (discrimination claims are hard to win) over many months (quite possibly more than a year) and she will have to deal with these people over and over, and take the stand and testify. She isn't going to be tough enough to do that. Many people aren't, which is why this happens so much.

@Thinkitsrainingagain - on the basis of a protected characteristic (gender)

Gender is not a PC. Sex is.

@Banditqueen12 - I agree but an ET1 to head office may encourage them to pay what is owed. OP doesn't have to see it through if she doesn't want to.

It gives me the rage that 'banter' like this is seen as acceptable at work in this day and age. I doubt they'd want their mothers/daughters/sisters treated like it 😡

I agree about the rage, but if it had to come to it an ET1 for unpaid monies is less stressful for the OP. Just filling in an ET1 means detailing stuff that she doesn't want to think about any more. Easier to go with "I am owed XX weeks wages and holiday pay"

@Kyovashad you need to wait for August pay day.

If you don’t receive anything send a letter/email entitled Unlawful deduction of wages. Set out exactly what you believe you are owed using gross pay including holidays owed. Give them 14 calendar days to pay and forward your P45.

The day after the 14 days if you have not been paid send a letter before action (Google it) effectively replicate the previous letter but make it clear you will take them to small claims court. Again give 14 calendar days.

The day after the 14 days, start a small claim and follow through the process.

Make sure you check your HMRC record that they have put your pay through correctly,

Sign on asap and make it clear you consider you have been constructively dismissed due to sexual harassment.