Pay problems - any (legal) advice very much appreciated

johnisworried

Hello all, I'm not a solicitor and need advice on the following situation I am currently faced with:

I was laid off after four days in my new job the week before last. I was told it was for "business reasons" by the manager of the company, and I received pay last Friday for the one day I'd worked on trial the week before, and then this Friday (yesterday), I received about £100 less than I am due. No payslips have been sent to me. I did not have a contract with the company.

The manager of the company a week last Thursday told me, when I called him after being uncerimoniously sacked for no reason, that "I would be able to get a job with my old company straight away, and he knew this without a doubt" which turned out to be wrong, I am still waiting to hear from them, and he told me I would be paid up until the end of the Week. I was fired midway through Thursday's shift, we worked Monday to Friday.

I spoke to my team manager on the phone today, confirming in the call that I had probably not been paid for the Friday, and he states in the call that he is aware the manager told me I'd be paid until the end of the week. I called him back after he went to check. He told me Payroll wouldn't speak to him, and that I had to call them or write to them. I told him I needed the money ASAP (for a purchase that will make me a healthy profit on my reselling of the goods), and he told me he'd get the phone number for me. Then he hung up as he was getting it.

He ignored two texts to him over three hours, and after a third told me he'd been told to tell me I had to write in. I called and spoke to the company manager again, who refused to speak to me, told me to write in, and he refused to have Payroll call me to sort this out today. He then hung up.

I have texted my team leader again asking for payslips for last week and this week, and heard nothing back.

I recorded all the calls today. I didn't ask for permission from both men as I recorded them for my own reference.

What can I do now? I am certainly out of pocket about £150 profit, as I cannot make the purchase I needed to today because of the lack of pay I am due. I have proof of this too.

So, do I have grounds for unfair dismissal? I was only there four days, ont a year. PLUS have just been texted to tell me payslips were sent to me last night?!?

I really need some help from knowing brains, so please spend two minutes to throw your thoughts this way, it is really very much appreciated!!!

John.

marybelle01

Not a solicitor either. But no you can't claim unfair dismissal - and for you it is now two years not one. You aren't entitled to notice pay and they only have to pay you for what you actually worked. Does that account for the money you say is missing?

johnisworried

But surely if they told me I'd be paid until the end of the week they have to honour that?

agrinnall

Unless you have something in writing to say that they will pay you for more days than you've actually worked then it's your word against theirs, only you can decide whether it's worth taking that any further with no guarantee of success. Because you have worked there less than a month they do not have to give you any notice (http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Resigningorretiring/DG_175837). I'd chalk it down to experience and move on.

mynameistallulah

You could take them to small claims - however that will take some time, and it would be expected that you attempt to resolve the problem informally first i.e. write to them as they have requested.

johnisworried

That's why I made the recording today, to prove what I was promised.

I know it's in-admissable without the other parties permission to record, but it means I can quote from it in Court and mention I have proof, does it not?

mynameistallulah

johnisworried wrote: »

That's why I made the recording today, to prove what I was promised.

I know it's in-admissable without the other parties permission to record, but it means I can quote from it in Court and mention I have proof, does it not?

It is not true to say that it is inadmissible - it would be up to the District Judge as to whether he allowed it as evidence.

marybelle01

According to what you have said previously he stated that he was aware that the manager said you would be paid to the end of the week. He did not say that this was company policy, nor did he say that the manager in question had any authority to make such a promise on behalf of the company. Simply because you have some form of management does not give you the authority to determine company practices or make promises on behalf of the employer - you must have the authority to make that promise too.

johnisworried

MAnager own the company though

mynameistallulah

marybelle01 wrote: »

According to what you have said previously he stated that he was aware that the manager said you would be paid to the end of the week. He did not say that this was company policy, nor did he say that the manager in question had any authority to make such a promise on behalf of the company. Simply because you have some form of management does not give you the authority to determine company practices or make promises on behalf of the employer - you must have the authority to make that promise too.

If a manager has the authority to hire and fire, it would be reasonable for the employee to assume they also have the authority to decide on pay related issues. If the manager exceeded his authority, that is a matter between him and his employer.

All a civil court is bothered about is whether it would be reasonable for the employee to rely on what he was told, and on the information given, it seems quite reasonable.

(Edit: Have just seen the OP's reply - in that case, it is definitely reasonable to rely on the information given.)

johnisworried

OP's? What this?