Advice needed please.

flick24

My partner is registered self employed he did some work for a company he was there for under a month then let them know he would be leaving, he then worked another day. Today we found he hasn't been paid for the last week he worked....he called them they said it was their policy that you have to work a weeks notice. My partner was never told about or shown any policy and as he wasn't even there a month which according to the gov website is when you need to work a weeks notice.

Can anyone advise if they are right to not pay him for the week he worked?

[Deleted User]

Has there been more then one payday?

you're right, it is NO notice under 4 weeks service as I won one employer who refused to pay anything point blank immediately, I say that as afterwards suspicious me really thinks they were wanting to pay it on the next months payroll LOL, a letter before action with an additional 8% interest being added soon changed their mind

But hmmm more recently I admit where I've intended to quit under less a month and then just been shocked and so grateful being allowed to walk immediately in respect of no hassle, some pay better then none when you compare it to the above, most want you out of the building I've found with so little service if you're mind is made up to go, so who's decision was it to work another day? that forms the argument

asajj

Did he sign a contract and did it say anything about the notice?

flick24

no he hasn't signed a contract, just a form giving his utr number/ bank details. Spoke to ACAS who have advised they can't do it...so he's planning on visiting the site to see any "contract"...they never said anything, he worked that final day nothing said...how people can think people are going to work a week for nothing.

[Deleted User]

Whilst I agree, really suggest he refrains from personal visiting and instead sends a Letter of Action if ACAS didn't make that clearer, together with being very clear on facts

flick24

He hasn't been receiving any cis certs either, yet they have been deducting tax off him, yes we are going to write the letter of action and take it all the way to court if needed, can't afford to lose a weeks wages, and just the principle of it.

flick24

There was no contract, this policy of notice period was never even mentioned he said he was leaving worked a last day, then when not paid rang them they said "well what do you expect"?, its so annoying people think they can get away with doing this, they better be able to supply the cis certs as HMRC might be interested if not....one step ahead I've downloaded their ad as evidence if they try deny it should it come to it, we just want what he's owed, he was working 9 hour days with half hour for lunch....doing hard manual job with no breaks.

http://www.friday-ad.co.uk/worthing/jobs/construction-engineering/tradesmen-and-labour/labouring-help-YI509F001

Undervalued

flick24 wrote: »

There was no contract, this policy of notice period was never even mentioned he said he was leaving worked a last day, then when not paid rang them they said "well what do you expect"?, its so annoying people think they can get away with doing this, they better be able to supply the cis certs as HMRC might be interested if not....one step ahead I've downloaded their ad as evidence if they try deny it should it come to it, we just want what he's owed, he was working 9 hour days with half hour for lunch....doing hard manual job with no breaks.

http://www.friday-ad.co.uk/worthing/jobs/construction-engineering/tradesmen-and-labour/labouring-help-YI509F001

There is always a contract. What you mean is that there is nothing in writing!

If this is a genuine self employed situation then the default positions of employment law (which as has been stated above mean no notice required in the first month) don't apply. In that case what you have is in effect a "contract" between two businesses. With nothing in writing they are going to struggle to prove that a notice period was agreed unless they can show clear custom and practice.

As other have suggested he should write to them asking for payment be a particular date failing which he will take legal action without further notice. He can file a small claims court action online if needs be.