My employer is not responding on my questions about the payment. My bank assured me that the payment bounced back to the employer. What should I do in this situation if employer is not replying on my messages?
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Tell them to check their bank statement and then write a cheque to you or make a BACS transfer.
This is an accounting forum. We can only tell you how to account for it, which is as a debtor.
What you need is a forum where solicitors give free advice.
Whilst this is an accounting website, many of us handle payroll and understand where you are coming from! I would have thought the following (suggested) escalation route would be appropriate:
1. Line manager
2. HR/ Payroll Department
3. Senior/ General/ Operations Manager
4. Director (if on site)
5. ACAS
If you don't have all of those (1 to 4), or have already contacted the most senior manager, contact them again and say you need a response within X days or you'll be contacting ACAS for advice! This should do the trick!
Incidentally, you mention that the payment was not received 6 weeks ago. This would suggest you should have been paid since that date (assumes you are paid; weekly, fortnightly, 4-weekly, or monthly). Did the subsequent payment(s) go into your account?
Finally, if your employer can't find the payment, ask them to request a BACS trace report from their bank. This will confirm whether the payment was returned! If it hasn't been returned, it is possible that your bank accepted the payment! Whilst you bank say the funds have been returned, I've had client employees in the past with closed 'overdrawn' accounts (the bank has used the salary to pay off the overdraft) and inactive accounts (where funds have been paid in even though the account holder thought the account was closed).
If in doubt, check out the ACAS website!
Sorry I messed up forums in despert situation and thank you for sharing you knowledge and thank you for clear advice with steps to fallow. I will use this escalation path for sure. In more details I did work for this employer only one month so there was only one monthly payment to the wrong closed bank account. Original payment should come co my account on 27/07/2021. 3 weeks later on 13/08/2021 we realised that bank details are wrong so I gave them correct ones on that day 13/08/2021. Since then I haven't heard again any response except my previous manager was replying "I will chase payroll, I will chase them, I will ask" but the actual answer for my questions what is going on with my case never come to me. It looks like the employer is waiting until the time will pass certain moment that I will lose my money. When I was in my bank to talk about it they print me out details about my closed bank account that the balance was zero on closing date and that the account was closed about year ago. According to your steps I've done 1 to 4 +contact bank +contact recruitment agency through which they found me +I've send email to citizen advice for advice +I wrote here to ask you guys. The only thing left to do is ACAS which I didn't know about. My last weapon. I think the heaviest one.
But even if initially everything comes from my mistake (I gave them my old closed account) than it doesn't mean that I would loose case in court + court charges £££?
Employment tribunal might be a better route, not paying an employee/making unlawful deductions from their pay etc
If you have no further connection with the business I would drop the line manager a further note stating that given correct bank details were passed to him on x date, and a month has now passed since then, you are going to, on y date, having discussed with Citizen's Advice, commence the due process of a claim for "unlawful deductions from wages".
This may make the line manager get his finger out as he will no want his manager giving him grief.
https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribu...
Assuming they were required to pay (per your payslip), and assuming they have received the money back, they are indebted to you. The risk is that they submit evidence that proves payment was made, not returned, and that you were the beneficiary.
The error in giving the old bank details would not usually invalidate your claim (assuming the funds were returned to the employer). You are still a creditor of your employer! However, it could be used as justification to why the payment (and reissued payment) is/ will be late.
You will initually incur the cost of bringing the claim, and for small claims court, you would (usually) be unable to claim costs (neither could they) other than court fees.
As you no longer work for the employer in question, I advise contacting ACAS asap. They will offer free/ impartial advice, will point you towards further information, and may even contact (or arbitrate with) the employer on your behalf.
Definitely worth giving ACAS a call before court. The latter can be costly and will take many months!!!
If your old/closed account was transferred to a new account via one of these switchign services then the money probably wont have gone back to your employer but will have (eventually) ended up in the account it switched to. If that account is still open then check it for the money.
That said, you do state that your bank has confirmed the return of the money to the employer so (unless you've fallen victim to a muppet on the till) back to the employer you go