Hi,

 

Got myself in another situation My old employer was a bit of a numpty so I ended up leaving in March. I tried ringing my employer 4-5 times to arrange picking up my last wage packet but got no answer. I then sent 2 letters asking for him to send payment to me via cheque. My third letter stated if i hadn't received my wage by 1st July I would take him to small claims court.

 

So 1st July came, still no payment so I started the small court claim process. The day my employer received the court letter he rang my saying that my wage has been sitting in the safe waiting for me to pick it up ever since i left. When I questioned him about the phone calls and letters he just denied receiving them (i did get proof of postage for the last 2 letters, but i put them in a safe place...). He then said I only worked 20 hours, when I was certain I did an extra 5 hour shift but I have no prove of this.

 

So he says he has prove on his computer (we had to login and logout) and on the original rota, but I believe he can edit my shifts on the computer and the rota wouldn't state my shift if i was doing overtime (as he rang me up the night before to ask if i can come in).

 

So now its got to the next stage where we will have to go to a county court. I got a message of him today saying he will make a counter claim for all of his solictor costs and time of work (which worried me a bit) and that I should come and collect the money today.

 

So the question is... Do i go and collect the £98 which he says i am owed and pay the £25 court fee which is a big portion of the money owed, or take him to court for the full £120 (which i believe i am owed, but have no proove) + £25 court fee, so a total of £145.

 

I know its not a big amount, but its principle, he owes me money..why shouldn't i have it.

 

Thanks

 

Chris

Take the £98 mate - the chances of you winning that case in court are slim. It is your word against his.

 

Because he is not refusing to pay you then you effectively have no case; and as for the extra 5 hours, if he has a rota showing that you did 20hrs and you have no proof that you did 25hrs then you are up a creek without a paddle.

 

Take the money; pay the court fee and spend the remaining £73 on stink-bombs... go and tank the place up with stink-bombs one lunch time haha

I'd go for the middle ground of £123. The £98 he owes you and admits he owes you (no dispute there) plus the £25 court fee that he made you incur to get it back. And then hit him with the stink bombs!

Take the money and call it quits - it will cost you more than £120 in court costs!