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Unpaid expenses after I left company and now they say I should forfeit them as my work was not up to standard
In my previous employment I fell behind working out my expenses. I eventually totalled them up to a grand amount of about £1500. Understandably my employer explained that they couldn't pay that amount all at once so they agreed to pay £100 a month on top of my salary and other monthly expenses. I have now left that employer and made a verbal agreement to be paid my outstanding expenses the month after I had left. Now my old employer are saying that my work was not up to standard and suggesting that I forfeit my expense because of this. Can they do this?
Your former employer may not ask you to forfeit your expenses on account of unsatisfactory work performance. If your employer had a problem with the standard of your work this should have been dealt with in the correct manner at the time and, even then, would have no bearing on your expenses.
It appears the arrangements you have made with your former employer, for your outstanding expenses to be paid are somewhat loose. You should consider making a formal claim to recover the outstanding balance either at the Employment Tribunal (if within 3 months of contract termination) or as a small claim in the County Court (if later).
Do write first to your former employer asking for the balance in full before issuing/lodging proceedings.
This is not a claim we would wish to take on unless you had some legal expenses insurance (which you may have on a household policy or credit card).
The reason is without some outside source to meet your costs the case might absorb your costs.
The claim should be straightforward in any event and an application can be made to the Employment Tribunal, on line.
The claim is merely for unpaid expenses and you should detail in the ET`1 precisely what you are owed, why and, confirm she has written to your former employer asking for this to be paid. The employer will have 28 days to respond and pay up or, if not, the matter will be listed for a hearing.
If the Tribunal agree with your version of events a decision will be made in your favour and they are likely to order your former employer to make a payment within a given period.
If the employer fails to pay, the Tribunal decision can be 'converted' to a County Court Judgment.
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