I'm in need of some guidance about my employer breaking my employment contract and withholding pay. It's quite a complicated situation so I'll try keep it as simple as possible with a timescale.
- 22nd July - let go by employer given 1 weeks notice.
- 1st August - received P45, officially not employed by them anymore.
- 24th August - emailed employer asking where my final pay was.
- 25th August - received email saying I owe the employer money due to holiday overuse and being paid too much.
- 27th August - looked over my employment contract, realised I was supposed to be given 1 months notice, sent email to employer making them aware of this and gave them 7 days to rectify the situation (required by ACAS to show you have made an effort to resolve the issue).
- 2nd September - received email back stating they did indeed breach the contract and would provide 1 months pay as per the contract.
The amount of pay offered for the month they should of paid is 55.43% less due to being overpaid during the month of july(we get paid on the 23rd but it covers until the 1st).
Would this still be classed as a breach of contract for the following reasons:
- Gave 1 weeks notice instead of a month.
- Missed out on three weeks worth of company benefits.
- Have missed the cutoff date for paying me this current month.
- Didn't provide me with a written notice, only a verbal one via a teams call.
How would I approach rectifying this in either a employment tribunal or small claims court and what sort of outcome would I be looking at ?
I have attached the relevant points in my employment contract for reference
3.3. Your contract of employment may be ended by you giving one calendar months’ notice. The Company will give you one months’ written notice.
6.1. Your salary is £xx,xxx per annum paid monthly on or about the 23rd of each month.
8.2. you shall continue to receive basic salary and all contractual benefits in the usual way and subject to the terms of any benefit arrangement