Giving notice.

Takeaway_Addict

babyemily wrote: »

Hello everyone I need your advice again please if thats ok. My husband has gone to work at 7am as normal today and hes being treated appallingly. He works on pricework but the company are refusing to give himm any, yet are refusing to pay day rate also - they just told him to do the c**p - which is a phrase for all the little jobs with no money on them. Usually done by an apprentice or agency worker. They have also said if hes not happy he can go to another build which is 100 miles away as there MIGHT be something there. I think they are making it clear they dont want him there. What would happen if he came home? Would he be able to leave there and start his new job tomorrow/Wednesday? Really would appreciate your advice again. Thank you.

As mentioned he could be sued for breach of contract but the company would have to minimise their losses.

Its unlikely but has happened he would be sued and its more likely to end up in a tit for tat and with holding of money (if he is owed any).

babyemily

Thanks everyone - You have all been brilliant, I really appreciate it

babyemily

Oh I am so sorry but Im back again.
My husband walked out - He can start his new job on Wednesday.

The past few months he has been on a flat rate as the site he was on was going to remove the trade and my husband brought it back up to scratch.
Due to being on a flat rate he has not submitted any time sheets during this time. The only time sheets submitted was for out of hours work.
The company today rang him and said that they are not paying him for the past 2 weeks as they are saying he was not on a flat rate for those weeks. He was, but there is nothing in writing. This means that he has worked 3 weeks for nothing, we cannot lose this money.
Now the company are demanding the van immediately or they will send a courier tomorrow and bill him a few hundred for the cost.
What do we do? I am going to ring ACAS as well but you have all been so helpful.

babyemily

It is 3 weeks not 2 as stated originally

LittleVoice

babyemily wrote: »

Oh I am so sorry but Im back again.
My husband walked out - He can start his new job on Wednesday.

The past few months he has been on a flat rate as the site he was on was going to remove the trade and my husband brought it back up to scratch.
Due to being on a flat rate he has not submitted any time sheets during this time. The only time sheets submitted was for out of hours work.
The company today rang him and said that they are not paying him for the past 2 weeks as they are saying he was not on a flat rate for those weeks. He was, but there is nothing in writing. This means that he has worked 3 weeks for nothing, we cannot lose this money.
Now the company are demanding the van immediately or they will send a courier tomorrow and bill him a few hundred for the cost.
What do we do? I am going to ring ACAS as well but you have all been so helpful.

What evidence does he have for having been there and that they agreed a flat rate?

Takeaway_Addict

babyemily wrote: »

Oh I am so sorry but Im back again.
My husband walked out - He can start his new job on Wednesday.

The past few months he has been on a flat rate as the site he was on was going to remove the trade and my husband brought it back up to scratch.
Due to being on a flat rate he has not submitted any time sheets during this time. The only time sheets submitted was for out of hours work.
The company today rang him and said that they are not paying him for the past 2 weeks as they are saying he was not on a flat rate for those weeks. He was, but there is nothing in writing. This means that he has worked 3 weeks for nothing, we cannot lose this money.
Now the company are demanding the van immediately or they will send a courier tomorrow and bill him a few hundred for the cost.
What do we do? I am going to ring ACAS as well but you have all been so helpful.

As expected tit for tat. You may need to go via a tribunal for wages.

I suggest you post on redundancyforum.co.uk for SarEL to guide you through thoroughly.

If they are vindictive they may sue as mentioned but they as mentioned have to minimise their losses

babyemily

LittleVoice wrote: »

What evidence does he have for having been there and that they agreed a flat rate?

The only evidence he has is the fact they have been paying him this rate for quite a while. During that time no time sheets were submitted as none were needed. That is why he has not submitted time sheets for the past 3 weeks.

There were other people there when it was said but I cant see anyone saying anything to protect their own jobs.

He is hardly likely to work for 3 weeks for free

Thank you

babyemily

Thank you Takeaway_Addict I will do that tonight.

Phil_68

If he has normal wages paid without a time sheet, then he should be paid normal wages without a time sheet.

It is reasonable to expect that you will be paid as normal if you continue in your normal procedures. Did you keep all wage slips?

Ask him to write a letter to them giving them until next normal payday to correct their mistake. Inform them that as you have previously been paid without submitting a time sheet that you have an implied term to continue to be paid as normal. Express to them that you have wage slips to prove this and if they can produce evidence to the contrary they should give you a copy.

Do not withhold the van or any equipment but get a written letter along with photos to prove it was handed back without any damage!!!!

Stay calm, polite and courteous and you will be on the way to resolving your issues.

Any further help, let me know

Phil.

getmore4less

The employment act allows a for a full "weeks" wage during notice even if a company refuses to give you work.
There is an exclusion but I don't think this applies here.

Now having walked out that will not apply.