Employer not paying wages

janninew

I'm asking this question on behalf of my younger sister. She recently had a trial period of 5 days in an opticians (well known company) During this trial period she received a letter saying she had been given another job at a hotel! She has just left College and has been applying for everything going! The hotel job was better paid and closer to home (within walking distance!) She told the manager at the Opticians. and gave a short letter so they had it in writing. The manager was quite offhand with her and told her that she had wasted his time, I can see his point, but who wouldn't take the better job offer? She told him she was happy to do the final day, so as not to leave them short, but he declined and asked her to leave straight away.

At the start of the trial period she had given her bank details and told she would be earning the minimum wage, she was told the money would go in at the end of the month (August). Anyway she didn't get paid in August, so has contacted the opticians who have refused to pay her as she messed them about. Can they do this? She obviously didn't have an employment contract as it was a weeks trial period. She is quite annoyed about this, as its alot of money for an 18 year and she did work hard when she was there. I think she did everything by the book and tried to be as helpful as possible.

What can she do now and do you think she will ever get this money, or should she put it down to a bad experience and move on?

Sorry its a long post and thanks for reading.
Janninew

DVardysShadow

If she fights, ultimately she should get the money. But it will be hard work. Personally, I don't think she should let this happen, because the more employers get away with this the more they will do it.

paulwf

If it is a well known company then it will likely be either a chain or a franchise. In either case call head office to find the relevant person in HR then write in straight away outlining the facts. They may well take a different view on things to the branch manager.

Try and log any facts now such as working hours and any names of supervisors at the branch, it may drag on for a few weeks and you don't want to forget any key facts so write everything down now.

Mimi_Arc_en_ciel

just a note

If it is a well known company why not give the local papers a quick call and ask if they will run the story . . . . bet she gets her money sooner than you think

She could always try saying she will tell local paper without actually doing so

UnoriginalGuy_2

Calling them is a total waste of time. It is also a bad idea since they can misquote your position. Write a letter. Keep a copy. Send it recorded delivery.

Simply quote the contract or employment agreement, state how long you believe you're entitled to and then put an exact amount you're expected (pre-tax). Use very simple language excluding vague anecdotes or emotional content.

You can direct the letter to either that branch or the head office but obviously learn what kind of business you're dealing with (e.g. Branch Vs. Franchise). Sending it to a franchise's "head office" is a complete and total waste of time and energy.

Make no threats. Just send that in with all of your contact details.

If they fail to respond or respond with what amounts to "buzz off" then contact a lawyer.

janninew

Thanks for all the advice. This company is a franchise and is owed by the guy who runs it (the guy my sister spoke to) Who would we direct the letter to, him or the companies head office?

I did think about contacting the local paper, but I thought we would exaust all other avenues first!

Mudd14

I would give them a chance to correct it before bringing any media into it.

Write them a letter, to the place she worked stating the case and you believe this to be an unlawful deduction of wages in which you will take further if no amicable resolution is found. You could state you wish to raise this under the modified grievance procedure (as she has now left) in which they have to meet or resolve your issue within 28 days.

UnoriginalGuy_2

If it is a franchise then there is no "head office." The brand and business methods are just being licensed. So other than revoking their franchise there isn't really much the larger brand can do (and they won't revoke the brand unless their image is made to look bad).

The point of this letter is NOT to change the guy's mind. The point of this letter is to give him a chance to pay what he owes your sister and to set out the claim amount accurately. You want to state key information like - amount, dates, and facts. Thus giving him a chance to counter-offer or ignore (either way you look better).

The recorded delivery aspect is also important since you need PROOF he received it.

You're writing this letter so you can quote it later in court or some kind of employment tribunal. If he replies he might be digging his own grave.

edit: Keep the media out of it. First off - they don't care... They will not run with this story. Secondly it looks bad for you and you might get counter-sued for slander even if everything you said was entirely true (and lose).

mountainofdebt

The quickest and easiest thing for your sister to do is to write a letter to the opticians concerned and state that as they haven't paid her, she considers this to be an unlawful deduction of wages and unless they cough up within 7 days she will have no alternative to take the matter to an employment tribunal.

If they don't pay up then she needs to download the forms and send them off to her local Employment Tribunal office.

I was in the same situation as your sister and I got a date for the tribunal by almost return of post. However the matter was referred to concilation and it was agreed the amount they would send me. However they have 10 workings days to cough up .......and it looks as if they are taking it to the deadline.

rh41

mountainofdebt wrote: »

The quickest and easiest thing for your sister to do is to write a letter to the opticians concerned and state that as they haven't paid her, she considers this to be an unlawful deduction of wages and unless they cough up within 7 days she will have no alternative to take the matter to an employment tribunal.

If they don't pay up then she needs to download the forms and send them off to her local Employment Tribunal office.

I was in the same situation as your sister and I got a date for the tribunal by almost return of post. However the matter was referred to concilation and it was agreed the amount they would send me. However they have 10 workings days to cough up .......and it looks as if they are taking it to the deadline.

But with so limited rights a tribunal as not a years service??

Contact franchisee head office, the guy will use their payroll and hr systems to process. should help

mountainofdebt

rh41 wrote: »

But with so limited rights a tribunal as not a years service??

It doesn't matter about a year's service in this situation - I worked for 3 weeks at a place and they wouldn't cough up so after giving them due warning I completed the forms and it would have gone to a hearing if we hadn't come to an agreement beforehand.