Getting unpaid wages after leaving

tote_alley_stressed

Hi I wonder if anyone could help out with my son claiming wages from a new employer. My son took a job two weeks ago with a guy in a pub who rescinded on verbal terms with him. In the 5 days he was working for the guy he worked 60 hours. The guy told my son at interview that he would be working 'full time' and agreed a salary figure with him. In reality my son worked split shifts and his working day amassed to 10.5 hours with a hour and half commute.
The commuting wasn't an issue as the job seemed too good to be true but when my son was rung on the Monday pre empting him ringing his employer and my son said he wasn't going back he was sworn at.
First thing I can't approach this guy due to his attitude and secondly we have no proof of employment for my son as there was no contract so any monies earned will have been forfeited? because he walked out am I right?

zzzLazyDaisy

He is entitled to be paid the agreed wages for the time he worked. The lack of a written contract is irrelevant. Does he have an offer letter or a wages slip, or any proof of what his agreed wages were?

He is also entitled to his P45.

Has the employer actually refused to pay him the money owed?

If the employer fails/refuses to pay, he can make a claim to the employment tribunal for unlawful deduction from wages. I suggest that he doesn't make a breach of contract claim as this would enable the employer to make a counter claim for breach of contract against him (either for failing to give notice, or for some other amount that the employer may claim is owing) and although he may be able to defend such a counter claim, it gets messy and it is best just to steer clear.

tote_alley_stressed

Thank you for your advice. The whole scenario seems 'dodgy' from onset. He was employed on a verbal contract and my son was waiting for his P45 from his previous employer. My son left his other job for the opportunity this man had promised him so nothing was ever written down. My son is 20 and 'reluctant' to accept my advice from the onset but after listening to what he was promised this seemed to be an ideal opportunity for him to progress.
We have no proof that my son ever worked for the last 5 days but I'm annoyed that he may not be paid if only to cover his petrol costs.