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  • FIRST POST
    • Davidk9511
    • By Davidk9511 4th Aug 18, 10:23 PM
    • 12Posts
    • 1Thanks
    Davidk9511
    Grievance at work
    • #1
    • 4th Aug 18, 10:23 PM
    Grievance at work 4th Aug 18 at 10:23 PM
    I have recently been suspended without pay from work pending an investigation. 250 had apparently gone missing from the till. My manager has since told me that the money had not gone missing. It was just an error on her part from the day before the shift in question as she did not do a Z read on the till. I have lost out on two weeks of work and pay because of this and she has since started treating me differently as I have always been given at least one shift a week before the incident but now I'm not getting any for a further 3 weeks. This has caused a lot of stress for me as I have not been able to pay my bills and I am receiving letters threatening to send someone out to collect my debt. I am paid cash in hand with no payslip but I believe I do not yet earn enough to make contributions towards NI or taxes as I only make between 120-150 per week. Is there anything I can do to get the wages I would have gotten during the investigation even if I am paid cash in hand?
Page 2
    • Savvy_Sue
    • By Savvy_Sue 5th Aug 18, 1:57 AM
    • 38,864 Posts
    • 35,684 Thanks
    Savvy_Sue
    It's the lack of payslips which is most troubling, IMO. Even if you're paid in cash, you are entitled to a written statement of what you've been paid and any deductions. Without that ...

    How long have you worked there? If you were before at the start of April, did you get a P60 setting out your earnings for the previous tax year?
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • Davidk9511
    • By Davidk9511 5th Aug 18, 2:10 AM
    • 12 Posts
    • 1 Thanks
    Davidk9511
    It's the lack of payslips which is most troubling, IMO. Even if you're paid in cash, you are entitled to a written statement of what you've been paid and any deductions. Without that ...

    How long have you worked there? If you were before at the start of April, did you get a P60 setting out your earnings for the previous tax year?
    Originally posted by Savvy_Sue
    I have been there since February this year. and no I have not received a P60
    • sangie595
    • By sangie595 5th Aug 18, 10:20 AM
    • 5,043 Posts
    • 8,649 Thanks
    sangie595
    Okay. Basics. This advice will be of no use whatsoever unless you intend to do something about it. There's no magic wand, and superheroes don't swoop in and save you. So you need to do something (which sounds unlikely) or give it up.... whilst the employer may have a lot of faults here, it's your fault if you let them get away with it.

    This is definitely not a zero hours contract. How do I know that? Well, because a zero hours contract must be in writing. Since you say that you "don't have a contract" (which isn't true, but tells me that you haven't anything in writing) then it can't be a zero hours contract.

    That means that you are definitely entitled to payment for every week that you aren't in work.

    The way to establish the amount would be based on this being a variable hours contract. Take the total amount that you have been paid weekly over the 12 weeks previous to your suspension. Then divide that by 12. That is the average weekly wage, and that is what you are entitled to for e every week you aren't in work.

    You would then need to serve the employer with a letter before action, making a claim for that amount of money (obviously, plus any further wages accrued). At which point you will, unless they are really stupid, be immediately dismissed. That will entitle you to another weeks wages for notice and holiday pay. When it isn't paid, you lodge an employment tribunal claim and begin pre-claim conciliation with ACAS.

    Now this is the neat trick. You should sort of hope that you get to the stage of a claim, because if you do, the claim isn't just for the money owed. It's also for the failure to provide payslips (a legal requirement) and the failure to provide a written statement of main particulars (what your are calling a contract, which is also a legal requirement). Each of those is actionable as well, but only because you have another claim (for wages not paid). Plus, and this is delightful, you can further add unfair dismissal for claiming a statutory right because you were dismissed for asking for your wages! This is one of the rare circumstances where unfair dismissal can be claimed under two years.

    Don't let it go to your head. You won't get thousands. Although you might get 4 figures of you are tough and willing to fight. Truth is, whatever has happened here, you have no job to go back to, and the clock is ticking on the deadline to make a claim... So either continue to find excuses for why you can't fight back, or get on with it.
    • Davidk9511
    • By Davidk9511 5th Aug 18, 5:44 PM
    • 12 Posts
    • 1 Thanks
    Davidk9511
    I do not plan to let this slide! Thank you for taking the time to help me
    • Savvy_Sue
    • By Savvy_Sue 6th Aug 18, 10:37 PM
    • 38,864 Posts
    • 35,684 Thanks
    Savvy_Sue
    If I could like that post of sangie's 10 times then I would!

    David, one thing to bear in mind is that following the steps outlined won't get you the money you are owed fast, so you do need to start the job hunting NOW, and look at other ways of clearing your debts.

    Google 'letter before action' to help you compose it, keep it brief and to the point and good luck!
    Still knitting!
    Completed: 1 adult cardigan, 3 baby jumpers, 3 shawls, 1 sweat band, 3 pairs baby bootees,
    1 Wise Man Knitivity figure + 1 sheep, 2 pairs socks, 2 hats 2 balaclavas for seamen, 1 balaclava for myself ...
    Current projects: Poppies, mohair cardigan pattern arrived and going strong!
    • sangie595
    • By sangie595 7th Aug 18, 10:18 AM
    • 5,043 Posts
    • 8,649 Thanks
    sangie595
    If I could like that post of sangie's 10 times then I would! Thank you!

    David, one thing to bear in mind is that following the steps outlined won't get you the money you are owed fast, so you do need to start the job hunting NOW, and look at other ways of clearing your debts. True

    Google 'letter before action' to help you compose it, keep it brief and to the point and good luck!
    Originally posted by Savvy_Sue
    OP, do come back if you need more advice. It's nice to be surprised - from your previous posts I expected you to not do anything! Many posters on here would rather have a go at the people giving advice than actually do anything about whatever they are complaining about.

    One further thing, keep the letter strictly on the wages issue and only mention legal action in those broad terms - mentioning am employment tribunal might tip off someone clever that you know what you are doing.
    • kylestucon
    • By kylestucon 7th Aug 18, 12:08 PM
    • 68 Posts
    • 3 Thanks
    kylestucon
    Hi, sorry for posting on quick reply I ant trying to start a new post/thread but can't seem to work out how. I haven't posted for a while and can't remember how! I manage a small social club and one of my employees had been spreading lies about me. We run a small lottery and he has been saying to several members(and they are only the ones I know about) that I have been putting my husbands name on the winning numbers by saying that they hadn't been taken and when the winning number has been announced I have been slotting his name in. Also my husband was running a goalbuster competition which my employee won a couple of months ago, I have now found out he has been saying that we paid him over 100 short ( he was paid about 40 short which he was told about as some people hadn't payed and some had dropped out) lhave spoken to the committee and the treasurer has said not to worry about it as he has the master copy and knows that my husbands number was paid for but I am not happy as for all I know most of the club might believe this employee and I want to take it further, but I am unsure how to approach this as the committee just say that I employ him so it's up to me to deal with it and we are a tiny club with no hr dept. to ask for advice. Can anyone advise me please?
    • sangie595
    • By sangie595 7th Aug 18, 12:28 PM
    • 5,043 Posts
    • 8,649 Thanks
    sangie595
    On the home page for this board, big read button on the top left that says New Thread.
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