Employee Pay Issue

lynchy6789 · 22 May 2015 at 13:05

Hello,

This is on behalf of someone else.

They have recently moved to a new city and got a part-time job at a small retail clothing store with one owner.

She did a trial shift there, then got offered a job to start a week later. She worked 4 full days, in this time she received no training, was told they don't have lunch breaks as their to busy (managed to have 5 minutes to eat a sandwich). During the whole week no mention of a contract or payroll was asked. At this point they have realised they don't want to work for such a person, or business and have decided to look elsewhere. The job was accepted a little quickly but money was becoming a priority.

She has phoned the lady up and was very civil with her and explained her reason for leaving in a very calm manor, everything seemed okay with owner saying no problem I shall find someone else.

However, she has become very hostile and irate when she asked about getting paid for those 4 days. I know, how it my seem and why the owner may be annoyed, but end of the day she worked those 40 hours and she should get paid for them.

The owner has turned around and she said you didn't sign a contract (she had over 7 days to give her one), or work your notice period which she didn't mention in the phone call when they spoke about her leaving. She then went on to say it will cost her more money to put her on the payroll then what she is owed- about £180.

It really isn't the principle of money it is the whole attitude and working environment the owner has. Said person is very upset and shocked about the situation. On a moral ground I feel this is illegal and would like some advice? Or whether we have a case against her for court (as a last resort)?

tom_e · 22 May 2015 at 13:08

Talk to the CAB but I'm pretty sure no written contract or not there is still an implied contract with basic rights and she's more than entitled to her full wages for the time worked.

King85 · 22 May 2015 at 13:11

If shes only expecting £180 for 40 hours work i'd be shopping her for paying below minimum wage as well.

Mynight · 22 May 2015 at 13:11

Hmm even without a contract she should have rights. The employer could be looking at even bigger charges for paying someone under the minimum wage.

EGuitarStar · 22 May 2015 at 13:13

Speak to http://www.acas.org.uk

Freakbro · 22 May 2015 at 13:14

She's entitled to be paid, end of.

Not having signed a contract is irrelevant, apart from your friend will have no recourse on rate of pay - so expect min wage, if it wasn't already. I also love the way the employer tries to use the fact they didn't sign a contract to get out of paying, then states you didn't work your notice period.....what notice period is that, the one stated in the contract?

Having no lunch breaks because "they are busy" is illegal to, and just lol at the statement "it will cost more to put her on the payroll" - it wouldn't cost the employer anything, apart from 10 mins.

So yes, seek advice from CAB or ACAS, the problem being is how much effort they want to put in to recover £180

bJN · 22 May 2015 at 13:21

As above, inform this friend to speak to CAB and ACAS. They wil be better placed to advise.

dirtychinchilla · 22 May 2015 at 14:11

Mad! Good luck getting that sorted out. It's hard to argue with idiots.

£15 · 22 May 2015 at 14:38

My wife recently started working part time for a small opticians and did a couple of weeks (3 days a week, or so) 'training' before hand, with the two members of staff that were leaving - it was unpaid, as it was 'training' and to see if both parties were 'happy with each other'.

We both hated the fact the employer was taking the **** but at the end of the day she wanted, needed, the job and he could have taken on someone else at the drop of the hat - so she accepted it and moved on.

She's been there 3 months now and despite frequently asking for a contract to sign (it's zero hours) and wageslips, none have been forthcoming. She's getting paid and HMRC are aware, but the employer seems to think zero hour contracts are solely for the benefit of the employer and probably regards her as a temp 'worker'. Amongst other things, he's still insisting she's not entitled to holiday pay either and if she wants time off it's unpaid and she has to get the only other member of staff (also PT) to cover - if she won't (she's got another job elsewhere and doesn't want the extra hours) my wife can't be released.

We know if she plays the 'zero hours' card and doesn't go in, she'll simply be 'let go' - now, please remind me how zero-hour contracts are so good Mr Cameron?

cheesyboy · 22 May 2015 at 14:45

BadMojo said:
My wife recently started working part time for a small opticians and did a couple of weeks (3 days a week, or so) 'training' before hand, with the two members of staff that were leaving - it was unpaid, as it was 'training' and to see if both parties were 'happy with each other'.

We both hated the fact the employer was taking the **** but at the end of the day she wanted, needed, the job and he could have taken on someone else at the drop of the hat - so she accepted it and moved on.

She's been there 3 months now and despite frequently asking for a contract to sign (it's zero hours) and wageslips, none have been forthcoming. She's getting paid and HMRC are aware, but the employer seems to think zero hour contracts are solely for the benefit of the employer and probably regards her as a temp 'worker'. Amongst other things, he's still insisting she's not entitled to holiday pay either and if she wants time off it's unpaid and she has to get the only other member of staff (also PT) to cover - if she won't (she's got another job elsewhere and doesn't want the extra hours) my wife can't be released.

We know if she plays the 'zero hours' card and doesn't go in, she'll simply be 'let go' - now, please remind me how zero-hour contracts are so good Mr Cameron?

She is due holiday pay - he's breaking the law not to pay for holidays, regardless of being zero hour.

It's worked out as being the average she was paid over the preceding 12 weeks. So take 12 weeks gross pay, divide by 60 (days) - that's your daily holiday pay.

taB · 22 May 2015 at 14:46

BadMojo said:
We know if she plays the 'zero hours' card and doesn't go in, she'll simply be 'let go' - now, please remind me how zero-hour contracts are so good Mr Cameron?

How is this a zero hour contract when there's no contract?

Freakbro · 22 May 2015 at 14:52

taB said:
How is this a zero hour contract when there's no contract?

After a short period of time, whatever hours & terms you are employed under becomes the implicit contract

So there is always a contract, even if nothing is produced in paper.