Advice Please - "Job" Going Pear Shaped

Shortie

Hello all

Mods sorry if I posted this in the wrong place I couldn't spot the 'employment' type board...

Long story short...

DH and his best mate started a new job a few weeks back, but contract started on 19th Feb (don't ask me why the start date was set for after he started, I questioned it at the time and OH wasn't phased...). He started working for another friend who told them he was buying an established business (driving), but it turns out he's starting it from the ground up. I must stress this chap has never asked for any money to be paid into the venture and we've not paid any in.

So, two weeks in, they still haven't got the cars they need to do their jobs and the guy is in the process of changing dealership for a 3rd time :rolleyes: , their payday was last Friday for the bit of the month they've worked.

They weren't paid on Friday as proimised (that would be their normal pay day), they weren't paid yesterday as promised. They weren't paid today as promised and the cheque they both paid in for the expenses for the uniform they bought both bounced like rubber balls today.

Looking good isn't it?

DH is going to go to the CAB tomorrow for advice (hoping my Dad is free to go with him). He has a signed contract with start date and salary stated on it but I have no idea if it's even worth the paper it's written on? I've checked Companies House and I can't see it as a registered company...


I'm 95% sure there's nowt we can do to get the money owed, but with the wealth of knowledge on MSE I figured if anyone knew or had experience of this, the peeps on here would :A

Thanks everyone

xx

MrsTinks

I'll move this to the employment board - loads of peeps there who can help hopefully!

Shortie

Thanks Tine.. sorry didn't realise it was embedded in the Benefits Board

LittleVoice

Certainly sounds "iffy".

Putting a later start date on written particulars is not good - employment rights are often related to the length of employment.

CAB should be able to provide good advice.

If the business is starting up, it does not have to be a limited company - it could well be a partnership - so the absence of any record at Companies House need not be a problem in itself. (Was their website up and working today? The search facility was out of action yesterday, I know.)

In fact, if it is not a limited company then it may be good news - because then the partners would be personally responsible for debts, including paying wages owed.

Shortie

Thanks for the reply LittleVoice

I presumed you had more rights if they were Limited, so in that case maybe it is better...?

It's really more the rights to his money owed that we're concerned with. OH can walk into agency work very easily as he has a HGV licence to back him up. I know from ACAS that within the first month he (and his employer equally) can terminate the contract with no notice

Yes, Companies House was working after lunchtime today at least

LittleVoice

Shortie wrote: »

Thanks for the reply LittleVoice

I presumed you had more rights if they were Limited, so in that case maybe it is better...?

It's really more the rights to his money owed that we're concerned with. OH can walk into agency work very easily as he has a HGV licence to back him up. I know from ACAS that within the first month he (and his employer equally) can terminate the contract with no notice

Yes, Companies House was working after lunchtime today at least

I don't know which part of the ACAS site you were reading but it is not as simple as that. You say your DH has a signed contract - if the contract indicates that notice has to be given which is longer that the statutory minimum (which is where the no notice in first month comes in) then the contractual notice period applies.

Of course, what your DH really needs to do is prove that he was employed before the date on the contract - or at least was doing work for them which should be paid. Did he sign a copy of the contract which the employer now has? Is there any way that you can think of to prove he was working before 19 February?

Shortie

I'll get him to think if he can prove it at all, ta. TBH mentally I've written off any work before the 19th that he did and am really just after what he should be entitled to contractually.

Re the ACAS advice, I phoned them on Friday when the money didn't go in as I started to get 'tetchy' about everything before then and it struck me at that point things were about to go bad. The chap on the phone said that unless there is something specifically written in the contract to say he has to give x amount of notice from day one, then the statuory law (is that the right way to say it?) is that within the first month of the contract either side can terminate the contract with no notice required. Was that wrong?

LittleVoice

Shortie wrote: »

I'll get him to think if he can prove it at all, ta. TBH mentally I've written off any work before the 19th that he did and am really just after what he should be entitled to contractually.

Re the ACAS advice, I phoned them on Friday when the money didn't go in as I started to get 'tetchy' about everything before then and it struck me at that point things were about to go bad. The chap on the phone said that unless there is something specifically written in the contract to say he has to give x amount of notice from day one, then the statuory law (is that the right way to say it?) is that within the first month of the contract either side can terminate the contract with no notice required. Was that wrong?

The ACAS guy was right. That's why I was referring to the signed contract you said your DH had. What, if anything, does it say about notice periods? If it is silent, doesn't have anything, about notice periods, then the statutory minimum applies (no notice to start but building up as an employment contract endures)

Shortie

... see what you mean.... I'll need to check tomorrow with DH as he's fast asleep at the mo. I have a feeling it's the standard: one month's notice and then an extra week for every year over x years service. I didn't realise this meant he had to give one month...

I guess the CAB can advise what happens if he wants to back out of it, bearing in mind he's not being paid anyway..

Thanks again