Writing a grievance letter to an employer

jakes-mum

Hoping you lovely MSE'ers can give me a few tips please

My sons partner worked for a fast food franchise, they have consistently since she started paid her as and when they got round to it, there was never a set date for her to be paid (from what I understand this is an issue that all employees have had), her last payment was £100 under what it should be.

She had asked to be paid this week by today due to some expenses which will be due on Friday, she reminded them at the end of last week and again on Monday. Tuesday she got a text saying her employment was terminated due to her health issues. She is only 17 and suffers with confidence issues (this is why she hasn't sorted the £100 underpayment). She has only worked there since the beginning of this year.

I have told her she is better off out of that situation as no-one should have to beg for their wages to be paid and we are actively seeking new employment for her, but they still have not paid her wages and have now blocked her mobile number so she cannot contact them. So my first port of call is a letter of grievance to them requesting the underpayment and her wages for this month, is there a template letter I can butcher anywhere? does anyone have anything I should be making sure are in the letter? Is 7 days an acceptable length of time to give them to sort this situation?


Sorry, this is a bit rambly, I've been out of the employment game for a while so i'm a bit rusty on the rules and want to make sure I get this right for her.

Thank you to anyone who replies

elsien

Don't forget any holiday pay that she's owed as well, if any.
She's also entitled to a payslip.
Was she being paid cash in hand - just wondering if they're sliding under the radar with regards to tax and national insurance, although she may not be earning enough for that.
Is the amount of money worth chasing through small claims, because if so a letter before action may be more effective than a grievance. If you're giving them 7 days, what's the plan B if nothing happens?

jakes-mum

she was paid into her bank and she would get wage slips, she didn't earn enough for NI and tax, she was only on £5 an hour but its a months wages so not a small amount when you are 17.

looking at gov.uk, next step would be the employment tribunal service

elsien

Unless she's been discriminated against for a protected characteristic I don't think she has any employment tribunal rights with under 2 years service.

ETA - I'm thinking dismissal, not wages. Not sure about the tribunal for unpaid wages. You'd have to go through the Acas conciliation service first anyway, so probably worth ringing them to check it out first.

jakes-mum

she would be making a claim for unlawful deductions from wages not unfair dismissal, no matter how long she has worked there she is legally entitled to be paid for her work, im not sure an employer can just duck out of that because she hasn't been employed for 2 years. The company is not insolvent so it would not be a case for the Redundancy Payments Service, but if they ignore the letter of grievance I will return here and also contact ACAS or Citizens Advice for further options.

At the end of the day, I need to start somewhere and a letter of grievance seemed a good starting place

Les79

jakes-mum wrote: »

she was paid into her bank and she would get wage slips, she didn't earn enough for NI and tax, she was only on £5 an hour but its a months wages so not a small amount when you are 17.

looking at gov.uk, next step would be the employment tribunal service

Well, the next step is ACAS Conciliation usually. That's almost always a mandatory step before an Employment Tribunal. It is a sort of "negotiation" period to discuss the issues.


But before that, I like your letter idea. Just be sure to document the hours worked, the hours unpaid and any other lost contractual benefits (as per elsien). Very factual, and put a fairly reasonable time-frame on it (14 days?). Maybe offer them a 75% "settlement" figure to encourage payment.


Though, to be fair, I don't think you've got much of a case to bring to an Employment Tribunal UNLESS the "health issues" constitute a disability.


It sucks, to be honest, because I hate young people being put in situations like this. But that's how things are right now.


MAYBE the Small Claims court would entertain it, but I'm not sure.


You might be best speaking to CAB or someone to be fair.

Masomnia

Not really a grievance if they've let her go already.

Mark the letter 'Letter before action', there will be templates for these online, and she should detail what she is entitled to and claiming from them. She can bring a tribunal claim, or small claims court claim, for wages, outstanding holiday pay, or notice pay as applicable. She needs to write to them formally for what she is entitled to and give them the opportunity to pay her before she can bring a claim.

Hope she gets it sorted soon

jakes-mum

Les79 wrote: »

Though, to be fair, I don't think you've got much of a case to bring to an Employment Tribunal UNLESS the "health issues" constitute a disability.

Its a tough one as its mental health which is now a criteria for PIP but who knows if a tribunal would class it as so. We are not looking to fight for her job or unfair dismissal I literally just want to help her get her wages so she can move on from the place, it was making her issues so much worse they have probably done her a favour pushing her out the door as I don't think she was strong enough to walk out tbh

I was just hopeful a well worded letter might give them a pause for thought and encourage them to get their payroll sorted, not just for her but all the other young mums and teenagers that are working there who never know when their next wage will hit their bank

JCS1

Small claims would be quicker than a tribunal or a grievance. Send a letter before action first, details here:

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

k3lvc

jakes-mum wrote: »

her employment was terminated due to her health issues. She is only 17 and suffers with confidence issues

jakes-mum wrote: »

Its a tough one as its mental health which is now a criteria for PIP

Whoa...how's it suddenly escalated from a 17yo who lacks confidence to claiming discrimination based on mental health issues

Les79

k3lvc wrote: »

Whoa...how's it suddenly escalated from a 17yo who lacks confidence to claiming discrimination based on mental health issues

Give OP the benefit of the doubt...


At 17, there could well be mental health issues which have not yet been clearly defined.


It may not give rise to a legal argument right here and now, but it could be an issue which is established in the future.