Unpaid work trial.

braydee89

Hi everyone,
I'm new here so please bare with me while I get to grips!

I recently worked for a telesales firm (I know, I'm sorry. But it was the only job available.) which only lasted three days, I'll explain why. I was led to believe that this firm were legit. and selling a genuine insurance plan, the company made me aware of a scheme where those on benefits would continue on benefits for the first week. I made them aware I was not in receipt of benefits and they then took me on. Anyway, I then ended up working in the back of house on the telesales where working conditions were a joke, rubbish all over the floors, carpets ripped- a really dodgey joint. It was similar to the crack dens in "Trainspotting". Their practices weren't entirely kosher either, I had issues with their ethics- calling up new mobile phones and telling customers they are FSA approved, but also implying that they (A third party insurer) were their contract provider (Either O2 or Vodafone).

So I called up after three days to say things working out, they accepted and said they would have sacked me anyway, after this call I realize there had been no mention of payment. I called back and was promptly told I was not being paid as they had taken me on a week long trial period. This was genuinely the first I had heard of this trial, I was aware of the benefits agreement they had, but as I wasn't on benefits assumed the agreement was not concerning me.

Has anyone else had similar experiences? and is it legal to take on staff without making them aware they'll be working for nothing? I was in dire need of money, and whilst I only worked three days, should be entitled to my wage for that period surely?

Thanks in advance.
Braydee89.

cassieB57

check this link http://www.direct.gov.uk/en/Employment/Employees/TheNationalMinimumWage/DG_175112
They have to pay you unless you fall into a very small list of exceptions (which it doesnt sound as if you do) even if you are training or working a probationary period. The scheme they mention for people on benefits is a Work Trial; they would have had to fill out a form with a jobcentre advisor for this, and again it doesnt apply in your case. It might be worth mentioning that failure to pay NMW can result in prosecution and a fine up to £5000. That alone might move things along!

braydee89

Hey, I spoke to the manager at the firm who claimed that he will not pay for failure. I argued that he had to pay me as I was not in receipt of benefits and never have been. He then claimed that he will be quite happy to sit and wait for a letter from me regarding this.

I really don't know what to do, I'm entitled to this money, but they seem adamant about not paying me. Is there any further action I can take?

Braydee89

bendix

Walk away and put it down to a bad experience.

And name and shame the organisation.

cassieB57

bendix wrote: »

Walk away and put it down to a bad experience.

And name and shame the organisation.

I say PAH! to that bendix if you can afford to chuck away £100 or so send it to me. Or better yet to charity.. Braydee you should phone the NMW helpline it's free and they will do all the work if you're entitled. What have you got to lose? Not even the cost of the call.

cassieB57

and by the way they dont sound the sort of company where naming and shaming would work-seeing what you said about the conditions/working practices. In fact I'd see if I could report them for that too...in for a penny!

maxtweenie

For God's sake report them. The mobile phone threads on here are full of people who've been ripped off by just these types of crooks. I hope you get the money though.

stuckinmyflat

id just forget about it, i think anyone who has ended up in these places usually do. I remember a few years ago getting a job at dm design in their "call centre", which actually turned out to be the back room of one of their showrooms. It consisted of garden chairs, old plastic tables, and phones and they ripped pages out of a phone book and just started dialling...... its was crazy i literally walked out after about 2hrs, you have to laugh its all you can do. i just put it down to another crazy student job