Can i ask this here? sacked and need advice

danelliott

Hi all, im not sure if i can ask this here, i hope i can because i know there are some very knowledgable folk on here and im not so bright lol.

I was working for a guy who owned a public house, i have only been working there for 4 months, BUT i took a holiday (unpaid) for 1 week to help a friends who is setting up a business and needed my help with the area he is looking into. Any way when i returned home from my break i had been informed that my boss had called me, when i called him back he informed me that "he was really p***ed off with me for getting involved in another business oppertunity and that there is no place for someone who is looking at other business interests on his team" and he sacked me on the spot on the phone.

Now i had to work 2 weeks in advance for this guy, and when i went to pick up my wages on friday they had paid me only 1 week of wages (even though we are on fortnightly pay) this pay was including the week i had off.

Now i have looked into this a little and it would appeare that i am (although only been in employment with this guy for 4 months) entitled to claim against him for WRONGFUL dismissal NOT UNFAIR dismissal, it would also seem that i am entitled to statutory holiday pay which i believe is 28.8 days in the year and also i should be able to claim from him *because its a fortnightly pay cycle) 2 weeks in leiu of notice which i rekon equals around 5 and a half (ish weeks) of pay, the reason for the WRONGFUL dismissal is because he has not followed the correct disciplinary / dismissal procedure.

i wonder if there is anyone out there who may be able to explain or confirm this for me cos im in a right state now over this

MAny thanks in advance to anyone who can help me out, and also i appologize if this is a post in this section which is not allowed

LouBlue

Firstly, welcome to the Arms. :hello:

Of course you can post it here, some peeps might be able to help, though probably not til the morning. Though the thread may be moved at some point.

But you are much more likely to get replies on the Employment Board. Here is the link, put the thread up there as well.

Good luck.

http://forums.moneysavingexpert.com/forumdisplay.html?f=141

danelliott

LouBlue wrote: »

Firstly, welcome to the Arms. :hello:

Of course you can post it here, some peeps might be able to help, though probably not til the morning. Though the thread may be moved at some point.

But you are much more likely to get replies on the Employment Board. Here is the link, put the thread up there as well.

Good luck.

http://forums.moneysavingexpert.com/forumdisplay.html?f=141

Im sorry, it must be the time but i didnt realize there was an employment board but thank you for letting me know

LouBlue

danelliott wrote: »

Im sorry, it must be the time but i didnt realize there was an employment board but thank you for letting me know

No probs. Lots of great boards on here. Hope you get some help.

danelliott

Please could a mod delete this thread as ive re-posted in the correct place, sorry and thank you

Glad

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

LittleVoice

Did you get written particulars? You should have received these within two months of starting - that was your right. They would tell you about notice periods and holiday entitlement.

In the absence of written particulars you can rely only on the statutory minimums for notice and holiday.

Continuous employment between one month and two years gives you entitlement to notice of one week. (The frequency of your pay is not relevant.)

Minimum paid holiday entitlement is now 4.8 weeks a year (including an allowance for bank holidays). That equates to 24 days a year for someone who normally works 5 days a week. Because some of your employment will have been before 1 October 2007, your proportional entitlement could be less because the minimum was previously 4 weeks (=20 days).

danelliott

I did not receive any written perticulers at all, and statutory is fine, i just want what im owed and not let him get away with this, apparently i am the 5th chef to be employed by this guy since he took over the running of this establishment, says something dont you think lol.

Any way ive had a internet prob today and ive been desperatly trying to get online to ask this next question

I had a meeting this morning with EX employers who offerd me my job back at the same rate of pay but less hours, not really what i was looking for but its given me summit to chew on for the last few hours, Anyway what i am wanting to know is (because i doubt im going to go back) if i accept the 1 wek for hours worked that he is offering my can i take this and still carry on trying to get what i am owed or could he turn around and say that this was a settlemwnt pay basically in otherwords that i accepted this to be the end payment for my employment . because im not 100% sure what i am exactly entitled to, i know you said stautory minimum of 1 week notice, does this mean he is meant to pay me this with my last wages along with the 2 weeks in advance which i worked? and also are you saying that i cannot ask for the holiday pay owed? I believe from the work regulations act that there is a statutory minimum for holiday pay so surely this means that he owes me something for holiday?

basically what im asking is am i entitled to the weeks in advance + the money owed for hours worked + the 1 weeks in lieu of notice + the holiday pay??

I am supposed to give an answer as to if i am going back by 6 oclock tonight so i would really really appreciate any assistance you can give me on this matter


Many thanks

LittleVoice

You are due to be paid for:

(a) the weeks you have actually worked (so whatever is outstanding for that) and I'm not clear about that, about where you are in the fortnightly cycle.

(b) as you don't have written particulars and you should have received one week's notice, you would have been expected to work that week and be paid for it. As you have not been allowed to work, you should be paid for that or you can claim damages for that lost pay.

(c) if you have had no paid holiday, then you should be paid for the holiday accrued but not taken.

My only concern (and may be completely unfounded) is that this employer may claim that you walked out (when you went on unpaid leave) and therefore broke the contract. Try to make sure you have proof that you asked for the time as leave.

If you are in doubt about what you are being paid, say you accept the pay as being on account but not in full and final settlement of any claim you have. I would try to get his signature on a piece of paper that confirms that understanding. (This is a bit "belt and braces" but could be useful if you can get it.)

LV

danelliott

Thank you littlevoice, i was going to refuse the offer of returning anyway and now i can basically set out to him what he is meant to give me and hope that he doesnt play games.

Thanks again

By the way i dont have actuall proof that i took that as unpaid leave and not simply walked out, but it is in the diary thay have and i think tipex marks conveniently on the day i went on leave or even a missing page will look a bit suspect lol

Careful_with_that_Axe

My (limited) understanding is that everyone is entitled to a written notice of dismissal stating the reason. Could you try asking for one?