Work completed as a cleaner unpaid

caramba2018

Hi all,

I was wondering if anyone would have any sound advice.

I have taken a employer to a small claims court for an unpaid month of cleaning.

Payments have always seemed late and always questioned. Finally, at some point I was questioned over some hours I had signed and that allegedly people had been there and they had not seen me. I started doing my cleaning job later and later as they'd usually still be people in the place, so I'd go as late as I could some days, I even walked out one of the days I saw people were still at the place. After this was explained, about a week later, after waiting to be paid I was called to a meeting to discuss my job and the quality of it. Keep in mind my immediate manager (and another person) had never complained about the work carried out.I refused the meeting as I find it highly suspicious that my pay is being retained on the grounds of "work not completed" or "standards of cleaning" when this surely would have been addressed straight away, so I said I was waiting for my pay and that I was not attending any meetings (I saw this as a bullying tactic). I also informed them I was not going to go back to work (for who would continue working when they refuse to pay?). Fast forward 3 weeks and I was told different things until they said I'd only get paid for the work completed. Keep in mind I worked everyday except one day which was dully reported. It was alledged I had missed at east 3 days, although no reports of these unreported absences were made and keep in mind that being a cleaner it'd be very hard not to notice the toilets were not done or the bins not changed.

When I protested about this nonsense, and said I was not going back to work, I was told about the contract, but I reminded them I never had one. After this, all communications ceased and I have now gone to small claims court and filed for it, and although they answered I have still not responded because I am so angry about it and how people take advantage of others.

All communications were either via email, WhatsApp or sometimes sticky notes, so I have proof no complains were made about my cleaning and that the one day I missed I reported.

Do I have a reasonable chance of success? Or am I in a real bad situation because I had no contract?

Thank you

elsien

You don’t have to have it in writing to have a contract.
https://www.gov.uk/employment-contracts-and-conditions

However I don’t think it was a particularly sensible decision to refuse to meet them to discuss any issues, and then refuse to go into work and I don’t think that will help any case that you have.

I am presuming that you are not self-employed.

lincroft1710

You had a contract, but probably not a written one. If you work and they paid you, then a contract is formed.

Refusing to attend a meeting without good reason is unwise..

Can you prove you actually did the cleaning on the days your employer claims you did not and therefore did not pay you? How much are you claiming for?

You should not let emotion cloud your judgement, if your employer's response needs answering then do so

Ayr_Rage

It would seem that you would've had the opportunity to put your case in a meeting that you refused to attend, that is not bullying so you won't be able to use that.

You then threw your toys out of the pram, did not do any further work, refused to engage in any dialogue and filed a court case.

What exactly are you claiming in that court?

What is your definition of "success"?

Personally I think as you have walked out all you can expect is any unpaid wages for those days you can prove you were at work.

Emmia

Why could you not clean when people were still in the place? We have office cleaners who clean during the day, and start vacuuming at about 18:30 when there are usually still people working.

I'm not sure you've got much of a case given your behaviour.

Grumpy_chap

I started doing my cleaning job later and later as they'd usually still be people in the place, so I'd go as late as I could some days, I even walked out one of the days I saw people were still at the place

What time were you meant to start and finish?

What time did you actually start and finish?

Was it within your gift to change the times?

Not attending the meeting was probably very unwise.

Why couldn't you clean if some people were still at the premises? What type of premises was it?

Marcon

OP - why the small claims court as opposed to an employment tribunal? If you are both an employee (as opposed to self employed - and it's hard to tell from your post) and your employment ended less than 3 months ago, that would be the more usual course of action.

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/81969909#Comment_81969909

It's a good point as if the employee wins and the employer doesn't pay up, the employer can face severe penalties from the ET.

caramba2018

https://forums.moneysavingexpert.com/discussion/comment/81969486#Comment_81969486

I can understand that it was not probably sensible, but I did state reasons in emails. The payments were always late and I had to pretty much ask for the payments for days after submitting my Invoice. I was angry the stated I did not go to work when I did and if I did not I'd have had straight feedback from one of the managers the following morning/day. I am self-employed.

caramba2018

The only System they had was signed sheets, which I did. I am not expecting anything else other than the days I worked. But they were saying I missed 3 days. No. I did not. I only missed 1 and I duly reported it.

caramba2018

https://forums.moneysavingexpert.com/discussion/comment/81969575#Comment_81969575

yes it was probably, but the fact this person stated I had missed days I hadn't and that my cleaning was not to Standard for a whole month, while I have not been given any feedback by my managers, and all this happens on the days after I start insisting if I get pad I do not find that very transparent. I am sure that if there were issues with the cleaning, Id have been told about it within a few days, not at the end of the month when I am requesting to get paid.