Please help.

Kajimba

Hi,
I posted a while back, but have only being lurking since then, sorry.
It's all gone wrong for me & I apologise if this post rambles. Please feel free to suggest if anything should be moved to another thread.
I started a new part-time job in Sept 2010, which I was told was a permanent 16 hours a week with the option for more hours at Xmas, etc (shop was part of a 4 shop franchise for a very well known card company). The shop I was employed in was a brand new addition to the franchise.

On Feb 4th, I was phoned by the shop manager & told not to come in as the owner of the franchise was having problems with the lease. Over the next 2 weeks, they continued to text me (& other staff) to say the owner was in talks with solicitors and to be on standby for when the shop re-opened. I was a little paranoid about this, because a couple of years ago, a company I worked for went insolvent without paying any wages. However, I knew all the other shops in the franchise remained open.

Yesterday, I got a text from the manager saying that the franchise owner has decided to pull out of the lease, leaving the shop closed. The text said we would be paid for hours done up til the shop closed and that we would be phoned by both the manager and the franchise owner. I have not had a call from the manager, but the franchise owner called today. I asked about the wages, & they said we would not be paid for being on standby, as the contract was only ever for " whatever happened to be available", but that's not what I was told before! I didn't say anything since I didn't want to rock the boat, but can they really just pull the plug like that?

Separately, I also now have a huge financial headache, since I'm only going to get paid for one week's work. I've been working part-time to fund a PhD, so I was only paying the minimum on my debts and I have no savings. I'm also most of the way into a 1500 overdraft (which is interest free, no fee). I withdrew from the PhD last month, so I don't have the pay the university anything, but what's left in my account won't even pay my next rent. Also, my landlord is also my housemate and the arrangement's informal. I do know she's really dependent on the rent payments because she's in negative equity. This just makes me feel even worse.

I have phoned the Jobcentre, but I have no P45 and no written notice of my redundancy, just texts.

The only plus side is that because I withdrew from my PhD, I was already applying for graduate level jobs. However, I'm unlikely to get one of these immediately or to be paid straight away. So now I need to run two very different job searches simultaneously, If anyone has any advice about this, it would be very welcome. I know a half-finished PhD does n't look good, but I do have ten years of retail experience alongside my (expensive and useless) education.

I know I should have got a written contract and I know my PhD was a mistake, which has probably made me less employable. Feel free to berate me for my bad decisions, I deserve it.

getmore4less

get together with the other in the shop and see what they think there contracts said about hours.

What hours have you done since sept?

any time sheets rotas that show 16 hours and other as overtime.

They still have to pay notice so ask about that.
Any accrued but unpaid holidays?

talk to ACAS and see if you have legal cover for employment on your insurance.

Might be worth a ET claim for non paymentt of pages, notice and holidays
throw in no particulars of employment.

ableandy

You need to contact citizens advice about filing an Employment Tribunal Case.

You are entitled to at least a weeks notice (which must be paid even if not worked).

Working 16 hours a week entitles you to 89.6 hours' annual holiday, this can be rounded up but not down, work out how many weeks you are entitled to, take off any holidays (including public holidays) that you took but not unworked, so if Mon was a public holiday but you dont work that day then dont take off a day for it.

Don't waste time as you only have 3 months to file ET paperwork.

Good Luck

Kajimba

Thanks for your help.
I've spoken to ACAS & they've advised me to write to the franchise owner with a grievance letter and a deadline for response. Then I'm to start tribunal proceedings if they fail to respond.

Getmore4less: we were all on 16 hour contracts apart from the manager: she was salaried and full-time. I think she's been re-employed at her old part-time job at the other shop, so might not be able to give me time sheets.

I worked a minimum of 16 hours, with extra if necessary. December was closer to thirty hours. The extra was paid at the same rate as my normal hours. I have n't taken any holiday since I started, just unpaid time off.

I'm not sure what you mean by insurance? I've only ever insuring belongings and occasionally travel.

getmore4less

house insurance often has legal cover.

Pay slips will show consistant 16+ hours if timesheet/rotas not available

Kajimba

Thanks, I do have payslips for the whole 6 months.
I don't have house insurance, I rent a room in a shared house. Landlady is also a friend and lives in the house.
I think this means I can't get housing benefit?
So unless I get what I'm owed ASAP, I can't pay the rent, let alone anything else.:eek:

Kajimba

I went to the Job Center to sign on for the first time today and they said it might be possible to backdate my claim, since I last worked on Jan 31st. Also, I was already looking for graduate jobs, but not other types (as I still thought I had my part time job).

On the other hand, if I do this will my ex-employer be able to argue that I was n't on standby after all?
If I do get paid wages for the lay off it would be more than the job seekers allowance. However, it might take longer to get it because of legal proceeding etc. What should I do please?

Kajimba

It now appears a fourth person has been fired, so that the full time person at the shop could go back to her original part-time hours at another shop.
Is this legal?

Kajimba

Just to update: I sent a grievance letter on the advice of ACAS & CAB.
It now looks like we are all going to be paid stand-by wages, holiday & wage in lieu of notice. Ex-employer just phoned today stating this & when it will be paid. They've also asked for part of my P45 back, which I assume is normal? Anyway, JC has the other part, so it's not like it can be altered!

Thanks for all your help.:)