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My employer has failed to pay my extra hours since October... watch

    • Thread Starter

    At the moment I am a temp staff for WHSmith's. Any over-time I do is delayed one month. Basically in October, there was a mess up in my payment which resulted in me having to wait until end of December to get my over-time hours. I should have been paid my extra hours at the end of November but the trouble was 'apparently' because the company had for some reason changed the salary payments from weekly to monthly and that had messed things up.
    So come end of December (I say end of december but due to Xmas the payslip was issued a week before Christmas), I receive my payslip, and only 15 of the 83 extra time hours was paid out to me! So on around 27th December I told him about this problem and he replied 'the deadline by which I have to submit this payment problem to the company who does the payroll is around Jan 10th, so we've still got lots of time'. So I took his word for it, and with a little reminding, he finally submitted it on Jan 4th. This meant that I had to wait until end of January to finally receive my October extra hours.
    So I wait until end of January, and what do I find on my payslip, NO extra hours have been added to my payslip! So I frantically inform my assistant manager, who then rings up the company, and it was apparently because of my manager's stupidity of not knowing the proper cut-off date for submission - in actual fact the deadline was 29th December! So currently, I am still awaiting my payment, my manager has 'apparently' requested it to be paid to me in advance and it should have arrived within a couple of days. Yet again, nothing has been received on my end, I have waited for around a week now.

    I am just very fustrated with both my manager and the company's (Ceridian) incompetency. This is 68 hours so we're talking at around over 300 pounds and I still haven't received it for 3 months. I asked my manager if the advance payment will definitely come in a few days time and he says 'well I hope so' with a laugh. I feel that this problem has not been carefully handled by my manager, I am always needing to 'nag' him. He tells me one thing, and it never happens in the end. Plus he is a complete tyrant who swears at his staff (including me in my first week openly in front of customers!) One more thing, I have handed in my notice to Smith's and next week is my last week. I have a suspicion that he's just saying that the payment is going to arrive in a few days because he knows I'm leaving soon and that afterwards he won't have to deal with it anymore. I really hope that is not the case. I have been very stressed and worried about this payment for months now so I feel it's about time that something is done about it.

    At this point, I honestly feel like suing either my manager/Ceridian/WHSmith or all of them. Do I have sufficient grounds for suing them? What could I potentially achieve out of doing so and what would happen in terms of payments/money etc? Is it quite a complex procedure that will require a solicitor? I don't really want to be spending anymore money (on a solicitor) when I'm not even receiving much. What if I do decide to (and can) sue, and then my advance payment turns up whilst the procedure is taking place. Can I still sue them for damages or something to compensate for the months that I've gone without my extra hours? I am only contracted to 20 hours a week so overtime means a lot to me. Lastly, I have to say that I am not the only one having problems. I have recently discovered that my colleague is missing 32 hours and my other colleague has had problems too in the past. Something definitely needs to be one about this.

    I would appreciate if anyone could help.

    Kind regards,

    Try Pay and Work Rights Helpline on 0800 917 2368, or Acas helpline on 08457 47 47 47.

    Perhaps WHSmith have a "rightline" or something similar you can call to get through to head office(or an external company who deal with it).
    Tell them you feel victmised/bullied and that you will take legal action if necessary.

    Suing them would cost more than you'd gain.

    (Original post by LawBore)
    Suing them would cost more than you'd gain.
    Pro lawyer.

    (Original post by samba)
    Pro lawyer.
    Just sayin'. I never claimed to be a lawyer, but it is a rather expensive business.
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