Changing jobs, worried I'll not get wages or holiday pay.

Naf

In summary:
Business owner treats staff like dirt, including various illegal tactics.
Despite being taken on as 'full time' for hours described as 'usually 35-40 per week' the past three weeks I've not even seem 30, despite making it clear to him that I can't afford to drop below that (Tax Credits min. 30hr threshold).
Hours haven't been paid properly, and not even corrected for in the following wage packet, despite being told.
Nobody aware of hours for Sunday/Monday onwards until Sunday itself.
No contracts have been provided, despite it now being more than the legal 2 month deadline and having asked for them.

I keep hearing and reading about reduced legal protection for staff with less than 3 months or 12 months service; is this right, and what does it entail.
Without a contract being in place, what can count as Gross Misconduct; walking out of a shift? Not turning up for one?
We're I to need to start grievance proceedings, if I do not have a contract and therefore details of 'company' (I call it that laughably) procedure, do I just write stating that I want to start them, or do I request details of the procedure first?
If it comes to it (and I can see it is likely to) does it cost me anything to go to an employment tribunal?

In detail:
The owner's attitude is that there are plenty of other staff willing to do the job; and as far as I can tell this is how he justifys not giving people their statutory minimum breaks on shift, or 11 hour rest between shifts. I've not had a break on shift since week 2 of working, and he keeps making the rota so that me and others who are in on a close one night (3.30-4ish) are then expected in the next day at 12-2. Even going so far as to make the rota look legal by putting close down as 3, despite knowing this still means working 'till 3.30, and putting 2 as the start of the following day's shift. When pulled up on the issue, he tried to weasel around it claiming that those laws 'aren't to be taken literally'. He's also got rid of people for completely unreasonable reasons.
When others have left he has reduced their hourly rate down from the over 22 NMW (which he pays even the 18-21s) back to the 18+ rate. I cannot believe for one second this is legal? But as nobody has a contract it's a difficult point.
Because of the hours I have simply been forced to accept another job offer (I hadn't actually started looking yet, but when I got an offer of 30+ hours it was the obvious choice). Even though I was taken on to do full time, and approached him as the hours dropped to point out my necessity to have 30+, the past 3 weeks have seen me with under 30 rota'd hours. I would have been perfectly willing to work two jobs in tandem, but having seen the way he treated others with another job, the way the rota doesn't get produced until a day or so into itself (starts on Sunday, often isn't made until Monday), the massive variation in shifts and the impossibility of a close on he current job (sometimes lasts through until 5am, especially as they now intend to open through 'till 4am) followed by almost any am shift elsewhere, plus the fact that even with less than 30 hours, I still end up working 5 or 6 days a week; often only on shifts of 4 hours: all of this would just make any other job impossible to manage alongside.
Currently, due to hours outstanding from previous weeks, as well as some worked at home (which he initially agreed would be paid) , the total hours due to be paid to me are 77. When I gave him my time sheet I could tell immediately that he didn't like it, and his actual response was "I'll have a look at it later" as opposed to any acceptance that he would pay them.
Because I know how he has avoided paying others who have left, I cannot afford to even mention i am leaving until I know he has paid them, which might not be until Thursday: that being said I will still be offering to work statutory notice (although I suspect he will tell me just to be gone, as he has done everyone else, despite them being excellent staff members). I am currently trying to decide on my options, given that I have no contract and the lesser legal protection (according to popular belief) due to a short length of service. Plus, the total hours I have worked entitle me to around 35 hours holiday pay accrued; I can see it being necessary to chase this up through a tribunal.
If it comes to light (on Thursday or before) that he has not sent my full hours through to payroll, and I walk out on shift, refusing to return until he puts the rest through (or more likely finish the shift, but say to him that that was my intention, hoping it got resolved before the start of my next shift), would that constitute gross misconduct and could he sack me for that, or would he have to go through some form of disciplinary proceedings first? This is also why I want to know about grievance procedures when I have no contract and so no details of his proposed methods.

For SarEl, Googlewhacker and others who saw my post about Sunday working when I first started this job; I mentioned it to them very politely, did not make any big deal over it; have worked most Sundays since, and the business have decided not to open on Sundays for the foreseeable future anyway.

eschaton

Didn't work out very well, did it?

Stubert

The less than 12 weeks employment stuff you're talking about, is for agency workers. So that would not affect you.

You have less statutory employment rights if you have been with your company for less than a year. After a fair, you cannot be dismissed for no reason and they have to give you a written reason for dismissal.

But requirements to pay NMW, fair working conditions etc, apply at any length of service.

Naf

Well what door know, I was right.
Out of 77 hours, he only put 40 through, leaving me £150 short. Plus the £30 reimbursement he's put through as taxable.
Glad I start elsewhere next week.