Not being paid, and refused statuatory leave.

mellymeep

Hi I would like to request some help for a friend of mine who is seemingly stuck in a terrible job where her employer is as far as I'm concerned breaking a number of employment laws.

She started 5 months ago, and is still owed at least 2 months salary. She doesn't recieve payslips and doesn't have a set payday.

She has also been refused time off from work on numerous occasions, her employer saying that she does not get leave because she's not worked there long enough.

I've been reading up and I think these fall under:
- Failure of employer to pay or unauthorised deductions have been made (Employment Rights Act 1996 Sec 23)
- Complaint by a worker that employer has failed to allow them to take or to pay them for statutory annual leave entitlement (Working Time Regulations Act 1998c Regs 13, 14(2) or 16(1))

I want to help her get this sorted because she is getting incredibly stressed about it, she feels she is trapped in the situation because if she makes a complaint her employer will most likely find some reason to let her go. I'm aware that this is also illegal is it not?

Would just like some advice as to how to best go about it, I'm trying to get her to visit the CAB first to discuss it with them, or is there any specialised services she can use?

MrsManda

ACAS :
are probably the best place to start. Their website has a lot of information about employment law and you can call their helpline for specific advice.

In their leaflet on holidays it says:
Under the Working Time Regulations, employers can use an accrual system
to calculate how much leave a worker has built up during their first year of
employment. Under such an accrual system, leave is built up monthly in
advance at the rate of one twelfth of the annual entitlement.
For example, a full-time worker in the eighth month of employment would
have built up 18.6 days’ leave. This calculation is based on annual
entitlement of 28 days x 8/12ths = 18.6.

Therefore either her contract should say that she is entitled to her full holiday allowance for the leave year as soon as she started OR she should've built up time in the 5 months she's been there so what her employer is saying is nonsense.

Newbiesw

mellymeep wrote: »

Hi I would like to request some help for a friend of mine who is seemingly stuck in a terrible job where her employer is as far as I'm concerned breaking a number of employment laws.

She started 5 months ago, and is still owed at least 2 months salary. She doesn't recieve payslips and doesn't have a set payday.

She has also been refused time off from work on numerous occasions, her employer saying that she does not get leave because she's not worked there long enough.

I've been reading up and I think these fall under:
- Failure of employer to pay or unauthorised deductions have been made (Employment Rights Act 1996 Sec 23)
- Complaint by a worker that employer has failed to allow them to take or to pay them for statutory annual leave entitlement (Working Time Regulations Act 1998c Regs 13, 14(2) or 16(1))

I want to help her get this sorted because she is getting incredibly stressed about it, she feels she is trapped in the situation because if she makes a complaint her employer will most likely find some reason to let her go. I'm aware that this is also illegal is it not?

Would just like some advice as to how to best go about it, I'm trying to get her to visit the CAB first to discuss it with them, or is there any specialised services she can use?

I think your friend should prepare to leave them soon, voluntarily or involuntarily as this WHOLE set up sounds illegal.
No pay, no hols, no payslips (is PAYE being handed over to HMRC?)
Just what is this sweatshop........errrr! Employer ?

Newbiesw

mellymeep

She's kind of in a catch 22 situation really though, she has rent and bills to pay and is just about surviving on the pay she gets, but if you quit your job aren't you not entitled to JSA? meaning she would be left with no income at all. She's been searching for a new job for months but nothing has got back to her, it's a really stressful situation and I just wish I could shake her employer!!!

Newbiesw

mellymeep wrote: »

She's kind of in a catch 22 situation really though, she has rent and bills to pay and is just about surviving on the pay she gets, but if you quit your job aren't you not entitled to JSA? meaning she would be left with no income at all. She's been searching for a new job for months but nothing has got back to her, it's a really stressful situation and I just wish I could shake her employer!!!

Yes, she's in an awful situation if that is her only choice of work at the moment.
Bills to pay but she hasn't been paid for 2 months, if she does start quoting "ACAS" & "Rights" to her employer and he is illegal, it is probably guaranteed that she will be asked to leave.
Have you checked to see if the Employer is at least registered with Companies House?, but even if he is legal, maybe the Company is in financial trouble and about to go under so she may never get paid ....can't the employees get together for a meeting with "Management" to discuss what's going on (assuming they are all in the same situation.................Sorry !

Newbiesw

fengirl_2

Your friend can commence proceedings at an ET for failure to provide payslips and for unauthorised deductions from pay. MAybe the threat of action will stir the employer into action. But if he decides to dismiss her for taking action at an ET, then she is at least in a position to claim JSA. I think the employer is taking the p... by not paying her for work done.

jdturk

mellymeep wrote: »

I want to help her get this sorted because she is getting incredibly stressed about it, she feels she is trapped in the situation because if she makes a complaint her employer will most likely find some reason to let her go. I'm aware that this is also illegal is it not?

QUOTE]


They can dismiss her for any reason in the first year as long as its not discriminatory(ie race, sex, gender....) and as long as its not legally unfair (see anamenottaken's post below)

anamenottaken

jdturk wrote: »

mellymeep wrote: »

I want to help her get this sorted because she is getting incredibly stressed about it, she feels she is trapped in the situation because if she makes a complaint her employer will most likely find some reason to let her go. I'm aware that this is also illegal is it not?

QUOTE]


They can dismiss her for any reason in the first year as long as its not discriminatory(ie race, sex, gender....)

Being dismissed for wanting to exercise a statutory right (eg payslip, paid holiday) is also legally unfair (without minimum employment term) and therefore the employer can be taken to an ET. (It's not just discrimination on the grounds of race, marital status, etc.)

jdturk

anamenottaken wrote: »

jdturk wrote: »

Being dismissed for wanting to exercise a statutory right (eg payslip, paid holiday) is also legally unfair (without minimum employment term) and therefore the employer can be taken to an ET. (It's not just discrimination on the grounds of race, marital status, etc.)

Your correct as normal but its funny how performance reviews suddenly start coming into play......

jdturk

I just wanted to say its deplorable if companies do do that above but you and i know it happens

mellymeep

Ok, so my friend has quit her job. I'm now going to help her try and get back the money she is owed.. i've drafted up this letter to send to her employer before we launch an employment tribunal.. can someone tell me if its ok?

Dear Madam,

Further to my notification of resignation I am writing to inform you that there has been several discrepancies in my pay. My hours paid total (input here) and the hours worked that have been unpaid are (input here). This totals £(input here) owed to me at this time.
I would like to request that this is rectified under Section 23 of the 1996 Employment Regulations Act, "failure of employer to pay or unauthorised deductions have been made."

If you would like to arrange a meeting to discuss this then I will be willing to attend, however if the issue is left unresolved then I will have no choice but to raise the matter with the employment tribunal service.

I would appreciate your immediate attention to this matter, and request you get back to me within 28 days.

Yours Sincerely,
(name here)