Not getting paid one penny althrough salary previously agreed!

BenS1

Hi,
I'm asking this on behalf of a friend.

My friend has been working at a private company since late September, having had an interview with the boss and getting asked to come in monday-friday, and on some occasions sunday.

My friend has not been paid at all after it has been over 6 weeks and finds this unacceptable. I'm afraid that there was no contract signed, as the boss has been putting it off giving excuse after excuse etc. Today, after a meeting she has been told that she won't be paid. My friend does have emails of the interview being arranged and some emails which were work related after supposably started work.

What options are available in terms of getting her salary?

anamenottaken

BenS1 wrote: »

Hi,
I'm asking this on behalf of a friend.

My friend has been working at a private company since late September, having had an interview with the boss and getting asked to come in monday-friday, and on some occasions sunday.

My friend has not been paid at all after it has been over 6 weeks and finds this unacceptable. I'm afraid that there was no contract signed, as the boss has been putting it off giving excuse after excuse etc. Today, after a meeting she has been told that she won't be paid. My friend does have emails of the interview being arranged and some emails which were work related after supposably started work.

What options are available in terms of getting her salary?

Without confirmation of the pay rate, I suggest that the first thing could be to put in a claim for hours worked multiplied by the NMW. And provide P45 or complete a P46 so that she can be taxed properly.

Nitha

Is there anything in writing (ie an offer letter, start date or something?)

wynnvegas

Simple. Your friend should claim for exactly what was agreed via an ET1 and should explain to the boss that is what they are going to do. The boss won't want to be saddled with a tribunal so should see sense and agree to pay what is owed. Dependant on the job, the tribunal judge will make a decision based on how reasonable the rate agreed was so your friend can't claim £20p/h for an admin job. I've seen tribunals apply the median market rate in the two cases I've known about unlawful deductions where there was dubiety about the rate of remuneration.

The fact that there is no formal offer after a six week period will reflect very badly on the boss although obviously anything your friend has in writing would be helpful in supporting their case.

http://www.employmenttribunals.gov.uk/FormsGuidance/formsGuidance.htm

Give me a shout if your friend needs any help completing the form.

BenS1

Hi guys,
thanks for the replies. My friend has a dillema now, the boss offered £100 as payment for this month! Should she take this cash? Legally, wouldn't this mean that the £100 be deducted from how much the tribunal decide should be paid?

On a simular note, she's decided to resign from this job. The main contributing factor is the salary and how this whole situation has arisen, but also the work environment is very hostile. When should she put in her claim? When she hands in her resignation tomorow, or once she finishes this job?

I'll go through all of the emails to check about start dates etc when I speak to her.

RobertoMoir

I'm no expert but my instinct would be to refuse any payment other than what my salary would have been were it paid correctly and continue to press for that. If the offer of £100 for the month is in writing / email then at least this means that they have acknowledged your friend was actually working for them. If the offer isn't in writing then possibly ask for it in writing to have proof they acknowledge the employment, then decline it.

alyth

something doesn't ring true with this - is your friend has been working there since late September then she's been working there for just over 8 weeks now.

Surely she would have expected to have been paid at the end of October for the previous four weeks that she had worked there? it sounds as if it is a small company but large enough that there are a few other employees, when you mention the hostile environment. Your friend surely must have received a letter offering her the job and the contracted hours, salary etc,even if she has not received an actual contract which should be given within the first 13 weeks.

To work four weeks without being paid is trusting but naive, to work during the month of November without having been paid is rather silly. How is your friend surviving for money is she has not been paid for the previous two months - don't mean to pry or be rude, but if someone is working then presumably they need the money and if they were not paid at the end of the first month they should have been chasing the employer relentlessly!

Amber07

This is one of the strangest situations I have read - why has she been happy to work this long without saying something?

My instinct is that if the £100 is accepted, she should insist it be accompanied by a signed letter from the employer stating this is a partial payment. But I doubt they will do this if they are trying to get away with paying as little as possible.

BenS1

Afternoon all,
I've told my friend to request a letter saying she has received the £100 she was offered.

I have been looking through the emails now and did some memory jogging, to see what evidence can support the case. I now have some corrections to make and now have a clearer timeline of things.

25/09/2009- Email from an employee to arrange the interview. The employee said that that week was designated for interviews but said that they would consider interviewing her if they wern't satisfied by other candidates. My friend replied acknowleging the email and offered to be available for interview from 29/09/2009 onwards for anytime.

7/10/2009- Email from another employee to arrange for an interview. My friend replied and agreed with an agreed time of 14/10/2009. The boss then replied and offered some other times and days, which 11/10/2009 was agreed.

11/10/2009- My friend had the interview at 3:30pm althrough it was originally arranged for 3pm as the boss had things to do. I remember that this was a Sunday and that I went with my friend to give her support. Verbally, the boss asked her to create some diet plans as part of a work trial.

14/10/2009- My friend showed up at the work place, and did what was asked. An email from another employee acknowledges this, and asks her to come in again on 15/10/2009 for cover.

15/10/2009- My friend came in, and again was asked to come in on 16/10/2009.

16/10/2009- The boss sent an email asking my friend to come in on 19/10/2009. There was no mention of employment.

19/10/2009- My friend 'supposely' starts work, and asks about a contract. The boss declines at this point as she is awaiting her visa application.

29/10/2009- My friend's visa application is accepted, althrough the letter was not delivered to her address.

At some point, I seem to recall that this was a month ago she finally got her visa in hand after it was delivered to my address. My friend came in the next day with her passport and visa acceptence letter to ask for a contract but the boss was constantly busy.

There are also emails of some of the work she has done as she was sick so she was working from home.

18/11/2009- My friend asked her boss about pay, which the boss said would be 230 net a week. This got my friends attention as the job was advertised for 18K per month. Her friend, who is a graduate accountant and has some work exprerience did some calculations for her and sent her an email. It gave breakdowns (Tax,NIC, Tax free allowance). It worked out to be 248 net a week.

30/11/2009- My friend got told she won't get paid anything as the boss decided to put her on probation, blaming this on mistakes and 'apparently' my friend made the company have a £900 loss althrough I am of the understanding that this is false and that in a single day there was £3000 made in sales. The boss has offered £500 for the next 2 months and will go back to £1000 a month after this period.

I know it's silly about my friend having to put up with not getting paid for this long, but she has managed to through savings she had. She never recieved a letter or anything official from the company. I agree with Amber, basicly there is one paid employee- the boss's part time PA. There is also one intern who is not getting paid who is a student. I really think that the boss is trying to cut costs!

What to do now?

DVardysShadow

What to do now?

Be very careful. Make sure your friend's visa status is cast iron. Only then take it up with an employment tribunal.

BenS1

DVardysShadow wrote: »

What to do now?

Be very careful. Make sure your friend's visa status is cast iron. Only then take it up with an employment tribunal.

Yes, the application was accepted. She's just graduated from university so she applied under Tier 1.