Last weeks pay after handing in my notice

bobbytooshoes

Hi All

Just wondered if anyone could give us a bit of advice. My OH (a joiner) is paid weekly. He handed his notice in on Thursday 30th June and left on Thursday 7th July to start a new job on Monday 11th July.

The reason he left was because he was working 50-60hrs per week for £200.00. In his contract it stated he was on £8.00ph + £3.00ph bonus (should his work be up to standard) which for about a year of him working there he used to get. Since after xmas the company decided that they were going to pay him on a pricework basis (this wasn't in his contract but could have been in the company handbook which they would never give him a copy of).

Anyway, he would have been due to receive his final weeks pay today + any holidays he had accrued but not taken. We weren't holding our breathes for the holiday pay just for the work that he had carried out in his last week, on price this amounted to £350 pre tax. Checked the bank today and nothing. My OH has tried to ring the company + the MD's mobile but not surprisingly he isn't answering.

Do we stand any chance of seeing this money? I'm really annoyed as my OH decided to do the right thing by giving a weeks notice most people would have just walked having been treated how he has for the past 6 months.

Sorry for the ramble. Any advice would be greatly appreciated.

Jarndyce

Yes of course you are entitled to get this money (on the basis of what you have said).

If the money does not materialise in the next few days you should itemise the amounts due (wages and holiday pay) and write to the employer stating that this is what you are owed and requesting immediate payment.

Unless they pay you then you should submit an employment tribunal application for unlawful deductions from wages. You can do this very simply online, stating only the very basic facts, and it need not cost you a penny. I'm sure as soon as the employer realises you are not letting this go, and/or takes legal advice, then they will pay you your money and settle the claim.

By the way, if your figures of 50 hours a week for £200 are gross figures, then he may well have a minimum wage claim also!

jazzyman01

Of course he should get his money. He earned it.

I would suggest a letter to the MD stating that attempts to contact him by phone have proved difficult and that is why you are writing. State that you have not received your final salary payment and holiday pay and assume that this is an oversight. Request payment within 7 days. If after that period of time, you could write again but on this occasion advise that you are very disappointed that they have not paid you and that you will be seeking legal advice if payment is not made within 3 days.

If you can prove that he has been employed and working 50-60 hours per week with a gross pay of £200 per week you may also have a claim for the Company not paying the legal minimum hourly rate.

vax2002

This is what allowing EU workers in to the country has done, a once proud tradesman who could earn enough to feed a family without benefits is now working for £3.33 an hour grafting his backside off in a dirty hard labour job.
This country is finished.

Jarndyce

vax2002 wrote: »

This is what allowing EU workers in to the country has done, a once proud tradesman who could earn enough to feed a family without benefits is now working for £3.33 an hour grafting his backside off in a dirty hard labour job.
This country is finished.

Please don't sully this board with your Daily Mail-isms, we were all getting along just fine here.

getmore4less

I also think a min wage claim is worth a go.


Could start with HMRC complaints for this it might not even need a ET.
http://www.hmrc.gov.uk/paye/payroll/day-to-day/nmw.htm
https://online.hmrc.gov.uk/shortforms/form/NMW_TPWorker

bobbytooshoes

Thank you all for your kind replies.

That's the hard thing proving it, he would leave the house at 6.30am, get to the yard for 7am but then spend the first hour or two sorting out paper work, picking up materials etc as his supervisor was not doing his job properly. He wouldn't get paid for any of this time he only got paid once he got to the job and started working. His supervisor was sacked and things got even worse he was having to do the walk rounds with clients to get the jobs signed off, this could take up to a hour of his time non of which he got paid for. There were a few occassions when he didn't get home until 8.45pm and was back in the yard for 7am the next day. I feel really sad for him as he is a most certainly a grafter and he just wants to earn a good living for us.

We will write a letter over the weekend and see what happens from there. Just to rub salt in the wound we have just received a mobile phone bill for £130.00 as my OH was having to make so many calls at work to the office, suppliers, colleagues etc to try and get his job done.

I am just glad he has managed to secure a new job one which I hope will at the minimum pay him for the hours that he works!!

Thanks once again

getmore4less

With NMW and HMRC you tell them whats been going on and let them deal with it. JUst let them know of any others still working there under the same conditions.

Uncertain

Note that there is a strict 3 month (less one day) time limit for Employment Tribunal Claims. Take care you do not run out of time or get strung along. You can always withdraw the claim if they do pay in the meantime.

LadyMissA

bobbytooshoes wrote: »

Hi All

Just wondered if anyone could give us a bit of advice. My OH (a joiner) is paid weekly. He handed his notice in on Thursday 30th June and left on Thursday 7th July to start a new job on Monday 11th July.

The reason he left was because he was working 50-60hrs per week for £200.00. In his contract it stated he was on £8.00ph + £3.00ph bonus (should his work be up to standard) which for about a year of him working there he used to get. Since after xmas the company decided that they were going to pay him on a pricework basis (this wasn't in his contract but could have been in the company handbook which they would never give him a copy of).

Anyway, he would have been due to receive his final weeks pay today + any holidays he had accrued but not taken. We weren't holding our breathes for the holiday pay just for the work that he had carried out in his last week, on price this amounted to £350 pre tax. Checked the bank today and nothing. My OH has tried to ring the company + the MD's mobile but not surprisingly he isn't answering.

Do we stand any chance of seeing this money? I'm really annoyed as my OH decided to do the right thing by giving a weeks notice most people would have just walked having been treated how he has for the past 6 months.

Sorry for the ramble. Any advice would be greatly appreciated.

so they were being underpaid???

why not challenge them when the pay was short ie 50 hrs at £8 is £400!!??

LadyMissA

bobbytooshoes wrote: »

Thank you all for your kind replies.

That's the hard thing proving it, he would leave the house at 6.30am, get to the yard for 7am but then spend the first hour or two sorting out paper work, picking up materials etc as his supervisor was not doing his job properly. He wouldn't get paid for any of this time he only got paid once he got to the job and started working. His supervisor was sacked and things got even worse he was having to do the walk rounds with clients to get the jobs signed off, this could take up to a hour of his time non of which he got paid for. There were a few occassions when he didn't get home until 8.45pm and was back in the yard for 7am the next day. I feel really sad for him as he is a most certainly a grafter and he just wants to earn a good living for us.

We will write a letter over the weekend and see what happens from there. Just to rub salt in the wound we have just received a mobile phone bill for £130.00 as my OH was having to make so many calls at work to the office, suppliers, colleagues etc to try and get his job done.

I am just glad he has managed to secure a new job one which I hope will at the minimum pay him for the hours that he works!!

Thanks once again

it is for a company to prove they were paying him the right rate for the hours work and they have to legally keep correct payroll and employment deatails of hours worked.

Inland Revenue can go into any company at any time with no announcement to check they payroll

I would write a letter to the company giving them 7 days to pay what is due or go to get legal advice.

IF they haven't issued a P45 they are also breaking the law!