Employer witholding wages. Please Help!

PhilboBaggins

So, Background info

I worked full time for 8 weeks in a bar. I was taken to one side during my last shift by my manager and told that his boss, one of the company directors, told him to get rid of me.. I asked for a reason but was told he didn't know why and his hands were tied. I was then promptly escorted out of the premesis.

Two days later I go back to pick up my wages and am informed that said director suspects I have been stealing from the till and has suspended my pay while he investigates.

It has now been two weeks, and despite numerous phone calls to both my manager and the head office I haven't seen a penny. Nobody seems to know what is going on, the director responsible is always unavailable and they refuse to give me a phone number to reach him.

I want to make it clear that I never took a penny. This company (and this director in particular) has a reputation for sacking people for no reason, and throughout my employment they ere never consistent in when, or how much they paid me. Due to the stress of the situation (and the fact when i was sacked I wasn't allowed to sign out and check my hours sheet) I am uncertain to the exact amount I am owed, but it is in excess of £300. How do I go about finding out how much, and more importantly getting it back? after some research I know I need to write a letter of intent to them threatening legal action, but how much notice do i need to give? I've heard 28 days, but some people say less. I just want it sorting as soon as possible.

It should also be noted that this company doesn't give it's staff contracts, and I only worked there 8 weeks since the bar opened. with this in mind, where do I stand with regards to unfair dismissal (since I wasn't told why i was sacked at the time) and (very unlikely) holiday pay?

Thanks in advance

harryhatter

Basically you are entitled to be paid for work done - regardless of any spurious allegations .
You need to write requesting payment, allow 28 days for a response before you can submit a tribunal claim ( which is free and can be done online )

Presumably you know your hourly rate so can estimate the amount at this stage .Later on in the process you can request your time sheets from the employer if necessary

The only way pay can be witheld is if it is agreed in writing or in the contract

After 2 months employment you are entitled to written terms / conditions of employment so may have fallen just short of this right .

Also if dismissed after after 8 weeks you are entiled to about 4 days accrued pro rata holiday pay ( based on 24 days per annum legal min) , also a weeks notice pay ( unless "gross misconduct" can be proved)

Unfortunately , unfair dismissal is a non starter - need to be there 1 year in these circumstances

harryhatter

Should have also said - If you have been dismissed - which is not clear - you need to mention the holiday pay point in the letter in order for it to be included in a tribunal claim