Advice needed on New Employee Rights

Ivenofinmoney

Hope this is the right forum for this...

My OH started a part time job with the Local Hospital on 7th August 2005, as yet have not paid her (supposed to be paid weekly).

Every week when she asks why she has not been paid she gets fobbed of for some reason or other (payroll error; lost your bank details; computer error ; etc), and they promise she will receive it the following week. She has taken this job because after having twins 6 months ago we are really struggling with cash at the moment and the overdraft / Credit Cards are getting stretched to the max.

Can they do this ?? What are her rights ??

As a slightly different issue, whilst trying to find some information about this issue on the CAB web site, I came across an article which seemed to suggest that Employers can not impose a minimum time before you are entitled to take holiday leave (The Hospital have told the OH that she wont receive holiday pay for 1st 3 months !)

I'm a little annoyed at all this, if this was a small firm you might expect a lack of knowledge / understanding and the odd mistake, but you don't expect this kind of treatment from a local authority employer ??

Fran

There is information about unlawful deductions from wages on the dti website.

Ivenofinmoney

Fran,

Thanks, whilst this gives us a bit more amunition, it still doesn't quite cover the situation we find ourselves in, i.e They have not made a deduction of wages, they have postponed payment of wages (not sure if this is legally the same thing ?), as far as I can see the only useable piece within these guidelines for this situation is a breach of contract ?

The real dilema is how do you deal with it without causing big problems with your employer ?

Fran

As the contract (presumably) says that she will be paid weekly then it seems that they have made unlawful deductions, ie they haven't paid her anything! Assuming that there is no-one else she can go to at work (?) or a union that could help her (?) I would suggest a visit to Citizens Advice Bureau who can negotiate on her behalf. She can ultimately apply to an Employment Tribunal (within 3 months of the unlawful deduction having been made) but hopefully she will get somewhere using other means.

sertav

Who is she asking about this, the hospital or the PCT?

Can you say which PCT she works for?

Ivenofinmoney

sertav wrote:

Who is she asking about this, the hospital or the PCT?

At the moment all communication has been done through her line manager, who is presumably relaying information from HR so I guess that is ultimately the PCT.

sertav wrote:

Can you say which PCT she works for?

I have no Problems with telling you it's NORTHAMPTON !

As I am assuming this is a classic local authority style left hand right hand type issue rather than a deliberate attempt to withold money, and as she is enjoying the Job itself, and it's one of the few jobs that fits in with 3 very young children, my current thoughts are to draft a fairly formal letter directly to HR, stating the grievance and requesting an urgent response. That way their is less chance of her getting dragged in to a confrontational situation with her liner manager ?

Any thoughts ....?

Ivenofinmoney

Fran wrote:

a union that could help her (?)

I think UNISON are the union for this sector, but she hasn't been there long enough to sign up, and they require subs, which if your £6k in debt and not receivng payment for the work you have done is a bit difficult to swallow.

Fran wrote:

I would suggest a visit to Citizens Advice Bureau who can negotiate on her behalf.

Will they actually get involved ? I thought they were just a point you in the right direction shop ? This might be an avenue worth exploring, as it would probably be less personal

sertav

As a first stop I'd strongly suggest contacting:

Northampton PCT
Human Resources Department

01604 615320

or

01604 615345

They run/control payrol so they should have all the details.

I take it your OH signed a job contract and/or a health questionnaire?

Ivenofinmoney

sertav wrote:

I take it your OH signed a job contract and/or a health questionnaire?

Yes on both counts, although they have already changed T&C's having changed her contracted hours.

sertav

Let us know how your OH gets on, ok?

stuwilky

Ivenofinmoney wrote:

I think UNISON are the union for this sector, but she hasn't been there long enough to sign up,

UNISON do cover a large healthcare area, there is no restriction on when a member of staff can sign up. I recruit most of my members during their first week of employment.