Goods in lieu of wages

zebideedoodah · 9 January 2020 at 5:35AM

Hi

I was working for a telesales company until the end of November, when I got a text the day before payday saying there was no money and we would not be getting paid. Had been there 3mnths, they owed me about £1100. Went in to see them, was given £100 direct transfer (which they reported to HMRC) and was told I could keep the Huawei tablet if been given to use on some door to door work we'd done at the end of my time there.

The job seems to have been set up to fail from the beginning - no contracts ever arrived, the company I worked for wasn't the one who hired me (company now folded). I'm pursuing them through ACAS for non payment of minimum statutory wage, which seems to be all I can do.

My question is this. The tablet I was told I could keep (and which I have a real use for) keeps getting messages from EE asking for the bill to be paid. I don't need the SIM card. I can't afford another tablet and really need to keep this one. I have a mobile but probably not for much longer so this tablet will become even more crucial, especially for applying for jobs, checking email etc.

So - who does this tablet belong to? Can EE close it down remotely if I just remove the SIM? I have no compunction about keeping it - i took it in good faith when it was offered to me but I'm now beginning to think I've been shafted yet again.

I'm sure there's are people here who will think i ought to be a paragon of virtue and hand it back. They should try living in the real world - no work, no money.

Any advice welcome.

Thanks

eamon · 9 January 2020 at 8:34PM

The data on the tablet is carried over EE's 4G network and that is payable by somebody. Tablets & mobiles for business use are normally included in the tariff structure. How have EE got your contact details?

that · 10 January 2020 at 1:27PM

If you signed a contract with EE, surely then you are liable, if not they are just taking a chance, or telling the subscribed owner of the sim that there is no free lunch buffet at the inn

. Hope you have not paid anything to them if you have no contract signed,

What exact make and model of tablet is it? You may be able to dispose of the sim and just make it work on wifi, also that tablet just might be leased, but it may not be leased from EE.

If the messages keep appearing on the tablet, and you signed for nothing, I would ignore them, providing they do not name you personally.

Either way, you will have to stop using the EE network on that tablet because taking what you have not paid for is theft. However that tablet should have wifi and you could use it at home, pubs, McD's etc.

You need to be clear about your employment status to know what your entitlements are. Who paid you - the agency, or the company?

You are agency staff if : You have a contract with an employment agency but work temporarily for an employer, and are given work to do by the employer, not the agency, and aren’t self-employed.

https://www.moneyadviceservice.org.uk/en/articles/checking-your-employment-contract

Blatchford · 10 January 2020 at 2:54PM

I have maybe misread this as it isn't clear, but if the company who actually pay you has folded, then pursuing them through ACAS is a waste of effort - there is nobody to pursue.

Goods in lieu of wages

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