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Unfair dismissal and holiday pay issues
gibby
Posts: 426 Forumite
Hi all, looking for some advice here please.
My friend was dismissed from her job a few weeks back.
Very simply she worked for the company for just over 1.5 years, doing 4 days a week.
the company changed hands around 6 months ago.
She has not had any verbal warnings or written warnings and was doing 1 to 2 days a week extra for free as she loved the job so much, making sure the work was done as the new owner is unable to do so.
She was called into the office and simply told the boss did not feel they were getting on & that she would be let go at the end of the year.
She was so upset at the situation that it was agreed she could take leave on that day, the end of the week and take the rest of the year as holiday pay. She was due 3.6 weeks holiday pay.
So the problems started on pay day as she only got 50% of her due pay for the full week worked.
On questioning this by email several daft excuses came in that made no sense. Eventually an apology came it that did not explain the reduced payment but stated the payment would be rectified on pay day and that payments would only be made on the weekly pay day.
Pay day came and she got the usual full weeks payment plus £25 that was not explained. The remaining pay from the previous week had not been made up and the boss appears not to want to sort the issue with a clear email.
What is the best action here to recover her pay?
Is she entitled to any compensation as the rules in her contract have not been followed, no verbal warning or written warning or written notice of dismissal
To make matters worse he is now stating she left to staff and in the email replies
Thanks
My friend was dismissed from her job a few weeks back.
Very simply she worked for the company for just over 1.5 years, doing 4 days a week.
the company changed hands around 6 months ago.
She has not had any verbal warnings or written warnings and was doing 1 to 2 days a week extra for free as she loved the job so much, making sure the work was done as the new owner is unable to do so.
She was called into the office and simply told the boss did not feel they were getting on & that she would be let go at the end of the year.
She was so upset at the situation that it was agreed she could take leave on that day, the end of the week and take the rest of the year as holiday pay. She was due 3.6 weeks holiday pay.
So the problems started on pay day as she only got 50% of her due pay for the full week worked.
On questioning this by email several daft excuses came in that made no sense. Eventually an apology came it that did not explain the reduced payment but stated the payment would be rectified on pay day and that payments would only be made on the weekly pay day.
Pay day came and she got the usual full weeks payment plus £25 that was not explained. The remaining pay from the previous week had not been made up and the boss appears not to want to sort the issue with a clear email.
What is the best action here to recover her pay?
Is she entitled to any compensation as the rules in her contract have not been followed, no verbal warning or written warning or written notice of dismissal
To make matters worse he is now stating she left to staff and in the email replies
Thanks
never take advice from broke or unsuccessful people
Jim Rohn
Jim Rohn
0
Comments
-
https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-when-you-leave-a-job/
Some general information in the link above
As she has worked for them for less than two years she has little employment protection (re compensation for not following the rules in her contract) - unless she has been discriminated against0 -
Doesn't sound like an unfair dismissal (in a legal sense) to me.0
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https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-when-you-leave-a-job/
Some general information in the link above
As she has worked for them for less than two years she has little employment protection (re compensation for not following the rules in her contract) - unless she has been discriminated against
No
The two year rule applies to unfair dismissal claims. There is no qualifying period for breach of contract (i.e wrongful dismissal) claims.
That said, I doubt if there would be much value in such a claim. The maximum she would be likely to get would be a few days pay to compensate for however long it would have taken to have followed the procedure specified in her contract.0 -
Undervalued wrote: »No
The two year rule applies to unfair dismissal claims. There is no qualifying period for breach of contract (i.e wrongful dismissal) claims.
That said, I doubt if there would be much value in such a claim. The maximum she would be likely to get would be a few days pay to compensate for however long it would have taken to have followed the procedure specified in her contract.
Yes.
Quite right. Mea culpa - shouldn't post late at night after wine!
I agree, though, that it's not really going to be worth much.0
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