No PAYE and when enquired got fired!

ladyridercymru

My son started working for a new highstreet restaurant before Christmas as a supervisor.
From his start date he was paid weekly but never had deducted any PAYE or NI. He also never received a payslip at all.
He asked about it each and every time (his hours of work was 50plus a week) and each time he was told it was beng put in place. (to date it still hasn't and the remaining staff are still being paid cash in hand)
When he started there he produced his food hygiene certificate as he was the only one out of the 16 employees (including management and owner) who held one.
They had a staff meeting and he questioned why PAYE was not being deducted and at the end of his shift he was handed a letter stating his probationary period had ended because of the question he asked with immediate effect.
The letter also stated that he would be paid one weeks pay in lieu of notice.
Since the date of his termination they have refused to return his food hygiene certificates and they actually presented it to Environmental Health two days AFTER he was fired to secure a 5 star rating.
They have also said they will not pay his week in lieu.
They have still not responded to his question about PAYE or NI not being paid. (he has since informed HMRC)

Here are my questions:
1) Can they deny him the return of his certificates that he achieved prior to the employment?
2) Can they use the food hygiene certificate that belongs to him AFTER he had been fired and make out he was still employed there? Could environmental health be contacted to find out about this and what procedure would be needed to ensure his name is removed from environmental healths listings?
3) Can they refuse to pay his weeks pay in lieu even though they have written he will get it in a letter (company headed paper).
4) What will happen to his PAYE and NI for the future along with a P45 and P60 (doubtful he will get one as no payslips, no PAYE or NI are evident)

He is completely gutted by the way he has been treated. Losing a job he worked exceptionally hard for and when quesitonning the management a reasonable quesiton during a staff meeting was dismissed.

Any help would really be appreciated - thank you

TBagpuss

http://www.adviceguide.org.uk/wales/work_w/work_problems_at_work_e/et_employment_tribunals_from_29_july_2013_e/et_making_a_claim_is_it_worth_it/et_automatic_unfair_dismissal/et74_automatic_unfair_dismissal_trying_to_assert_a_statutory_right.htm

ladyridercymru

Thanks TBagpuss that answers one of the questions I had, though evidence for a tribunal is going to be a case of "he said she said".

TBagpuss

legally, they cannot refuse to return the certificates as these reyour son's property, (particularly as he got his qualifications before he started work for them). Practically, that may be more difficult.

Is he a member of CIEH (http://www.cieh.org/) if so, he should contact them both for advice, and to ask about obtaining duplicate certificates. If not, he should contact the college he studied at and ask them about the steps he needs to take to get duplicates.

In relation to the use of his certificates, I think the first port of call is the local council which is responsible for administering the ratings scheme - you should be able to find detail on the council's website.

it sounds as though he was dismissed for trying to assert his statutory tights (to a payslip) which I think means that his dismissal is automatically considered unfair. If they were daft enough to say this in writing then he would probably be able to prove this.

He would be entitled to his pay in lieu of notice.

I suggest that he call ACAS for further advice, and check to see whether he has (or is covered under your) insurance which includes legal cover.

BUT as he was employed for such short time, it may be that the level of compenation he might be able to claim would be pretty small, so get some advice before going down that route.

In relation to the lack of tax and NI he can contact HMRC, who can investigate. They are probably the best placed to tell him if and how his tax and NI can be credited. I *think* that if they are satisfied it is down to his employer that they have the power to credit him with it, and then to pursue the employer.

If he doesn't get a P45 he can complete a P46 when he starts a new job.

good luck to him.

glentoran99

he has no rights for unfair dismissal as he wasnt employed long enough

ladyridercymru

Thanks for your help.
I will be in touch with ACAS and HMRC tomorrow and see what they say.

I do have written (at least text and a couple of FB messages) from other staff that have been fired who are willing to write statements to say they too had not received a payslip or were deducted any PAYE.

It's not just my son this has happened to, so hopefully the company will be properly investigated.

ladyridercymru

glentoran99 wrote: »

he has no rights for unfair dismissal as he wasnt employed long enough

I have read the article in the link that Tbagpuss had put up and due to statutory employment rights my son could in fact pursue unfair dismissal due to not receiving a payslip and being fired for asking for one (along with asking why they had not deducted the necessary PAYE and NI contributions.)
The letter of termination does state that is the reason he was being dismissed, so theoretically they have shot themselves in the foot!

ohreally

glentoran99 wrote: »

he has no rights for unfair dismissal as he wasnt employed long enough

http://www.legislation.gov.uk/ukpga/1996/18/section/104

Takeaway_Addict

ladyridercymru wrote: »

I have read the article in the link that Tbagpuss had put up and due to statutory employment rights my son could in fact pursue unfair dismissal due to not receiving a payslip and being fired for asking for one (along with asking why they had not deducted the necessary PAYE and NI contributions.)
The letter of termination does state that is the reason he was being dismissed, so theoretically they have shot themselves in the foot!

Seriously??? Wow, just wow.

ladyridercymru

Takeaway_Addict wrote: »

Seriously??? Wow, just wow.

Yes seriously!

glentoran99

ladyridercymru wrote: »

Yes seriously!

Wow, I really didn't think they would have been so stupid when I posted the above