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Sacked By Text....

Now this is a long story, you'd better get a cuppa tea and some sandwiches....

I worked for a small one-man limited company.

Four weeks back I never received my wages (weekly paid), no explanation why they weren't paid but heard on grapevine they were waiting for invoices to be paid....

Three weeks back I never received my wages, so I'm now owed 2 weeks money - boss has disappeared, only contactable by text - was told by him he wasnt aware why I hadn't been paid. Received another text a day later to say he'd paid my wages to the wrong person and it would be rectified the following day... it wasn't...

A further exchange of texts and he said invoices were outstanding and I would only be paid when he had been paid.... quite rudely.... That night (for I worked nights) I wasn't well, so rung in sick (I really was ill!) and I was sent a text telling me I was already on a final written warning so he was dismissing me with immediate effect....

I had received a letter from him regarding the fact I had three periods of illness since last September (two requiring hospital treatment and one signed off by my doctor) and I should be aware of the time I was taking off....

I have since received the two weeks wages originally not paid, but have not received the wages for the half a week I'd worked before he sacked me, my week in hand money, or my holiday money. Yet again, he is not available to be contacted and is ignoring my texts....

Incidentally, I had worked for him for 2 years 5 months, and never received a contract of employment from him.

Thoughts?

I have now had to sign on....
Ebbsfleet United - The Team Of Dreams

Comments

  • AP007
    AP007 Posts: 7,109 Forumite
    Why were you sacked? You had a disciplinary?
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • LittleVoice
    LittleVoice Posts: 8,974 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    fleetco wrote: »
    Now this is a long story, you'd better get a cuppa tea and some sandwiches....

    I worked for a small one-man limited company.

    Four weeks back I never received my wages (weekly paid), no explanation why they weren't paid but heard on grapevine they were waiting for invoices to be paid....

    Three weeks back I never received my wages, so I'm now owed 2 weeks money - boss has disappeared, only contactable by text - was told by him he wasnt aware why I hadn't been paid. Received another text a day later to say he'd paid my wages to the wrong person and it would be rectified the following day... it wasn't...

    A further exchange of texts and he said invoices were outstanding and I would only be paid when he had been paid.... quite rudely.... That night (for I worked nights) I wasn't well, so rung in sick (I really was ill!) and I was sent a text telling me I was already on a final written warning so he was dismissing me with immediate effect....

    I had received a letter from him regarding the fact I had three periods of illness since last September (two requiring hospital treatment and one signed off by my doctor) and I should be aware of the time I was taking off....

    I have since received the two weeks wages originally not paid, but have not received the wages for the half a week I'd worked before he sacked me, my week in hand money, or my holiday money. Yet again, he is not available to be contacted and is ignoring my texts....

    Incidentally, I had worked for him for 2 years 5 months, and never received a contract of employment from him.

    Thoughts?

    I have now had to sign on....

    And it also sounds as though you were not paid the two weeks (minimum statutory) notice to which you were entitled.

    Did the earlier letter say there was a risk of your being dismissed? Did you have a formal meeting with your employer ahead of the letter?
  • fleetco
    fleetco Posts: 28 Forumite
    No, no formal meeting with my employer, just a letter saying my attendance record was unsatisfactory due to sickness and if it continues they may need to replace my position...
    Ebbsfleet United - The Team Of Dreams
  • AP007
    AP007 Posts: 7,109 Forumite
    fleetco wrote: »
    No, no formal meeting with my employer, just a letter saying my attendance record was unsatisfactory due to sickness and if it continues they may need to replace my position...
    then you have a good case for a claim
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • Savvy_Sue
    Savvy_Sue Posts: 47,844 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you able to write to him? Google Letter Before Action and send one of them, if you can! List what you're owed. Send recorded delivery, then take action if not paid.
    Signature removed for peace of mind
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    If no formal disciplinary procedures were followed (letter informing you that you must attend a disciplinary meeting, details of the concern and right to be accompanied, followed by a meeting where you had the opportunity to explain the situation, and confirmed by a letter informing you of the final written warning) then the FWW was not valid. Same goes for the dismissal procedure.

    If procedures are not followed, the dismissal is unfair, even if the reason would have been fair (which isn't clear cut anyway). You have more than 2 yrs service so you have the right to make a claim for unfair dismissal to a tribunal. You should also make a claim for breach of contract for failure to pay statutory notice.

    You have three months less one day to make a claim. At the moment it is free to make a claim, but from 29th July fees will apply, so if you are going to make a claim, you should do it as soon as possible.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • fleetco
    fleetco Posts: 28 Forumite
    Thank you.

    :)
    Ebbsfleet United - The Team Of Dreams
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Xmas Saver!
    You might also be owed holidays accrued.
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