MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
I hated my previous job, so got another one and left.
My previous employer VERBALLY agreed an extension to the initally agreed guarantee period while I tried to get the place moving in the right direction. They have withheld the January guarantee despite the fact that I worked the full month, resigning in Feb, on the basis that I ONLY worked the notice I was contractually obliged to, they wanted me to work longer. They claim that I disrupted the business by not giving them sufficient time to get a replacement.
How likely am I to win if I take them to an industrial tribunal given that I have no proof of the extension?
Have they said in writing that they are withholding it due to the reasons above? If so, they have acknowledged that it is owed but that they have decided not to pay
Set Pips dog on them.
This might be more of a small claims issue than a tribunal.
Release the hounds
They claim that I disrupted the business by not giving them sufficient time to get a replacement.
If you gave them notice, tough.
I know someone who was in a virtually exact situation. With a company I used to work for, where the boss was a 24 carot ****! He took them to court and won, thus they had to pay the bonus he was entitled too, and legal fees on top.
If you worked the notice you were contractually obliged too, then legally they haven't got a leg to stand on. As they'll no doubt already be aware. They're trying it on. Tell them you're starting legal proceedings and that should see a change of heart
They claim that I disrupted the business by not giving them sufficient time to get a replacement.
What a load of crap this is. You worked your notice, the rest isn't your problem.
They need to get over it and pay what's due to you. Sounds like they are hoping you'll move on and fahgedaboudit.
I'd pay the CBA a visit and go from there.
But before you spend time/money, work out exactly how much you'd NET of it - and is it worth it?
Sounds like you should be doing them for constructive dismissal as well. In fact you should widen the scope of things you might be able to have them for and work at getting as much written (or text, or voicemail) evidence as you can and then review what your best course of action is.
How could he 'do them' for constructive dismissal? Nothing in the OP suggests he was constructively forced to decide to leave - the actions happened after he handed his notice in.
But before you spend time/money, work out exactly how much you'd NET of it - and is it worth it?
This
If its a couple of hundred than not worth the stress, however if its a couple of £k then.
What does your contract state ?