Pay in leui - can they do this?

astonsmummy

Hiya
I am due to start a new job, but have to wait until my CRB check comes back before my contract can start.
I've so far done 16 hours training, and will by the 26th June have completed all together 50 hours, which I will get payed for.
I just found out yesterday that we will not be payed this until our contract starts, now there are people there who have been waiting over 8 weeks and still no CRB so still no contract.
What I was wondering is, are they allowed to keep back these earnings until the CRB is back and contract has started, becase going by the worst case senario, I could be waiting until the end of August for this money

Mips

Is it care working you are doing?

Surely if you are being left in charge of people, or working with them.. without your CRB having already been disclosed... they are breaching the law?!

I think they should have paid you. After all - what happens when your CRB comes back and it says you are a muggist/rapist/paeodophile... will they say no sorry, no conract.. and no pay?!

astonsmummy

No the home has not opened yet, we are doing induction and team buliding training.

Mips

astonsmummy wrote: »

No the home has not opened yet, we are doing induction and team buliding training.

Hmm well you still have a child to feed and you can't live on fresh air - I think they are pushing their luck, however, you would have to ring ACAS to see.. what we think is right and fair is sometimes different in the eyes of employment Law!

astonsmummy

I phone ACAS and they advised me that they can't not pay me, and basically if they dont pay me on the usual date, I can take up a grievience and request they pay me within 28 days.
I really dont want to go down that route but i really cannot wait indefinately for this money

Mips

astonsmummy wrote: »

I phone ACAS and they advised me that they can't not pay me, and basically if they dont pay me on the usual date, I can take up a grievience and request they pay me within 28 days.
I really dont want to go down that route but i really cannot wait indefinately for this money

Of course you can't!!!

But you could have a word with a supervisor or manager - I am sure someone will understand. After all, you could be doing paid work elsewhere.


After all , the whole point of going to work in the first place is to earn money!!

I hope you get this resolved

surreysaver

Dippychick wrote: »

Is it care working you are doing?

Surely if you are being left in charge of people, or working with them.. without your CRB having already been disclosed... they are breaching the law?!

Is it okay as long as you are supervised and not left alone with anyone vulnerable?

surreysaver

astonsmummy wrote: »

Hiya
I am due to start a new job, but have to wait until my CRB check comes back before my contract can start.
I've so far done 16 hours training, and will by the 26th June have completed all together 50 hours, which I will get payed for.
I just found out yesterday that we will not be payed this until our contract starts, now there are people there who have been waiting over 8 weeks and still no CRB so still no contract.
What I was wondering is, are they allowed to keep back these earnings until the CRB is back and contract has started, becase going by the worst case senario, I could be waiting until the end of August for this money

If you are working there, then your contract has started. Your contract should say something along the lines of 'can sumarily dismiss you if a CRB check/references come back unsatisfactory'. It is unlawful to withold wages.

astonsmummy

surreysaver wrote: »

Is it okay as long as you are supervised and not left alone with anyone vulnerable?

No unfortunately not, it's a brand new home which hasnt even got residents in it yet so i couldnt officially work anyway, but the county council have said that noone is allowed to start until CRB checks come back
People who's CRB checks are back will get paid for the training on June 28th :rolleyes:

astonsmummy

surreysaver wrote: »

If you are working there, then your contract has started. Your contract should say something along the lines of 'can sumarily dismiss you if a CRB check/references come back unsatisfactory'. It is unlawful to withold wages.

They did give us a letter with the trainign dates on it and at the bottom it said something like ''if your contract has not started at time of training we will back pay you''

I phoned head office yeaterday but they never got back to me, then this morrning when I went there for training, the manager pulled me up and said they gave her a 'bollokcing' and said she's already told me there is nothing she can do.

surreysaver

astonsmummy wrote: »

No unfortunately not, it's a brand new home which hasnt even got residents in it yet so i couldnt officially work anyway, but the county council have said that noone is allowed to start until CRB checks come back
People who's CRB checks are back will get paid for the training on June 28th :rolleyes:

Well, not being funny, but if there are no residents yet, then you don't need a CRB check back yet! If they are being funny about it, then surely you shouldn't even be training yet? They obviously don''t want a bad CRB check back and be in the position of having to admit that they had employed someone dodgy. But surely, even if you or anyone else still haven't received checks back by the time residents did start turning up, they should find you some work to do elsewhere. But it is definatley illegal to have you working and not paying you. Breach of contract. It would be the same as them paying you but you not turning up for work!

I remember one occasion when my employer had some sort of problem and staff were going to get paid a day late. The late turns that day said they would refuse to book on duty unless they got paid, and the early turns refused to stay on. They found a way for the money to get transferred that day!