Ex employer not paying me Watch

stephanieshirley
Badges: 2
Rep:
?
#1
Report Thread starter 5 years ago
#1
Basically, when I arrived in Birmingham in September I got a job a few days later at a bar. I didn't sign a contract. I didn't get paid anything at all for about 6 weeks and was badgering them like mad after 3 weeks of working there. finally I got paid but it was an awkward amount that I hadn't worked in a single week/shift so it didn't make sense to me and to make it worse the payslips didn't detail the dates I was being paid for. it was the same for the remaining few weeks until I left. being paid weird amounts and not knowing which dates the pay was from, I was still owed everything prior to the first time I got paid and the rest. after I left, I was still being paid just not the right amount. last Friday I got paid for (what I guess was) my last shift but this week I've had nothing. I've been contacting my old employer for ages and telling him the exact amount of hours and pay I'm owed. it was all very detailed and I even explained that I am struggling to afford to live and I can't possibly go any longer without my money. I'm currently owed £122 which is 24.5 hours work (based on £4.98 an hour which is minimum wage but I'm pretty sure it supposed to have gone up to £5.05 but one problem at a time ey!) I just don't know what to do. I'm 18 years old, a uni student and pretty clueless about the law. I wouldn't know where to begin with taking 'further action' and i just can't handle anymore stress right now. has anyone got any advice? I don't know what to say to my ex employer. I was going to call him and explain that I'm going to take further action unless my money is given to me asap but I wouldn't know what to do or say if he said no or said he can't prove I worked those hours or started being rude etc. I'm fed up and scared. I just want what I earned.


Posted from TSR Mobile
0
reply
beautifulbigmacs
Badges: 19
Rep:
?
#2
Report 5 years ago
#2
Phone acas for advice on where you stand and how to take it further.

Hope you get it sorted ok.
0
reply
Crumpet1
Badges: 19
Rep:
?
#3
Report 5 years ago
#3
Write to the boss again, setting out what you worked, what you should have been paid, what you have been paid, and what you are therefore owed.
Tell him that unless you are paid in full by close of business on Friday 22 November, you will be filing an ET1 at the Employment Tribunal, claiming for unlawful deduction from wages.
The claim form is here, you can just fill it in online: https://www.employmenttribunals.serv...ment-tribunals though if you want help I am sure you could get help from the CAB or ACAS.
0
reply
smd4std
Badges: 0
Rep:
?
#4
Report 5 years ago
#4
they don't have to pay you
0
reply
Crumpet1
Badges: 19
Rep:
?
#5
Report 5 years ago
#5
(Original post by smd4std)
they don't have to pay you
What a ridiculous comment.
0
reply
smd4std
Badges: 0
Rep:
?
#6
Report 5 years ago
#6
(Original post by Crumpet1)
What a ridiculous comment.
stopped reading op's post after these words " I didn't sign a contract"
0
reply
Smartcook
Badges: 0
Rep:
?
#7
Report 5 years ago
#7
Needs more paragraphs.
0
reply
Acrostics
Badges: 2
Rep:
?
#8
Report 5 years ago
#8
(Original post by smd4std)
stopped reading op's post after these words " I didn't sign a contract"
Yes... Unfortunately as you did not sign a contract, they have no legal binding terms to pay you.
0
reply
thatg
Badges: 11
Rep:
?
#9
Report 5 years ago
#9
(Original post by Acrostics)
Yes... Unfortunately as you did not sign a contract, they have no legal binding terms to pay you.
There is a verbal contract

There is always a contract between an employee and employer. You may not have anything in writing, but a contract will still exist. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract. Your employer does have to give you a written statement within two months of you starting work. The statement must contain certain terms and conditions.
http://www.adviceguide.org.uk/englan..._of_employment
0
reply
Crumpet1
Badges: 19
Rep:
?
#10
Report 5 years ago
#10
(Original post by Acrostics)
Yes... Unfortunately as you did not sign a contract, they have no legal binding terms to pay you.
Nonsense. She did the work, she's entitled to be paid.

She should have got a contract but that's a separate point.
0
reply
Profesh
Badges: 20
Rep:
?
#11
Report 5 years ago
#11
(Original post by Acrostics)
Yes... Unfortunately as you did not sign a contract, they have no legal binding terms to pay you.
Part-remuneration could easily deemed consideration for an oral contract in this instance; indeed, such an agreement would (perversely) be more difficult to enforce if they hadn't paid her at all.
0
reply
Crumpet1
Badges: 19
Rep:
?
#12
Report 5 years ago
#12
You're right about the rate too. Minimum wage for 18 year olds went from £4.98 to £5.03 on 1 October.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

How did your AQA A-level Business Paper 1 go?

Loved the paper - Feeling positive (153)
21.52%
The paper was reasonable (342)
48.1%
Not feeling great about that exam... (135)
18.99%
It was TERRIBLE (81)
11.39%

Watched Threads

View All