Could I have some advice please?

[kittykat]

My husband started working for a company in Aug 2012. He was not happy at all and has found another job. He handed in his notice last week and was told he had to hand in 2 weeks but as he had never signed a contract or terms of employment - They could not enforce the 2 weeks.

Today he went into work and has been treated appallingly. They refused to give him price work and they refused to give him day work. In effect they wanted him to work for nothing. He told them he was going home. He has arranged to start his new job earlier.

The past few months - up to last week. He has been on a flat rate to bring a site back to standard. Today he was told that he will not be getting any money at all for the past 3 weeks, they are saying they never agreed to this. Prior to this role, time sheets were submitted every week but on a flat rate no time sheets were needed. There is nothing in writing stating either way.

This means he has worked 3 full weeks for nothing. Money we really need with a family and bills to pay.

The company have now said the van has to be back today, but they are closed. If the van is not brought back they will get a courier to collect the van tomorrow and bill him a few hundred for it.

We are really worried. Can anyone advise where we stand please?

Thank you

 

[Newchodge]

He should contact HMRC and claim he has not been paid minimum wage. That is the easiest way. If he has a new job ... move on .

 

[kittykat]

Thank you Newchodge. I would still appreciate some advice re: the van and also all the money he is actually owed, which is more than minimum wage

 

[Merchant UK]

3 weeks money is 3 weeks money. i would personally keep hassling the company until you get paid, even go as far as writing to the local paper and warning other people.

How did your partner get the job in the first place? Job centre, agency? get in touch with them and make a complaint about the company.

Call the Company every day, soon you'll find that they will pay him just to stop the phone calls.

Another idea would be that he could invoice the company, for his wages, and then if he still doesn't get paid pursue it through the county court. Don't let them get away with it, Not sure the limitation on hanging onto the van in lieu of wages? I guess if the police were involved they would say its a civil matter has he's owed money, so look into immobilising the van some way (ie remove battery or one of the wheels)

If he gives the van back then he'll get nothing, hang onto the van and let the company sweat it out. No judge in the land would expect a company not to pay an employee for 3 weeks and expect their van back ~ Crazy

Call ACAS in the morning and take their advice, they may contact the company for you http://www.acas.org.uk/index.aspx?articleid=1461

Helpline on 08457 47 47 47

 

[kittykat]

3 weeks money is 3 weeks money. i would personally keep hassling the company until you get paid, even go as far as writing to the local paper and warning other people.

How did your partner get the job in the first place? Job centre, agency? get in touch with them and make a complaint about the company.

Call the Company every day, soon you'll find that they will pay him just to stop the phone calls.

Another idea would be that he could invoice the company, for his wages, and then if he still doesn't get paid pursue it through the county court. Don't let them get away with it, Not sure the limitation on hanging onto the van in lieu of wages? I guess if the police were involved they would say its a civil matter has he's owed money, so look into immobilising the van some way (ie remove battery or one of the wheels)

If he gives the van back then he'll get nothing, hang onto the van and let the company sweat it out. No judge in the land would expect a company not to pay an employee for 3 weeks and expect their van back ~ Crazy

Call ACAS in the morning and take their advice, they may contact the company for you

Helpline on 08457 47 47 47

We are really quiet people not sure we could do the whole newspaper thing :redface:

The company rang him and offered him teh job, said there was loads of work but it never materialised.

Surely if he hung onto the van that would be theft? We dont want to get into trouble. All in all this is 3 weeks money and his deposit for tools - But they never gave him any tools only the van

I will phone Acas in the morning and I think I have access to free legal help with our insurances.

Thank you.

 

[Spinoza]

Another idea would be that he could invoice the company, for his wages.

Good idea. Considering how your husband has been treated he could spice things up a bit by giving the firm 24 hours notice to pay otherwise he "will be led to believe that his non payment of monies due could in part to the best of his knowledge be indicative of the firm suffering financial difficulties. And as such he may feel a moral obligation to contact the firms suppliers to enquire if they are having difficulties in receiving monies themselves" Purely as an information gathering exercise of course. If the aforementioned suppliers infer that the firm MAY be in financial difficulty and take action accordingly...well thats up to them.

 

[kittykat]

Good idea. Considering how your husband has been treated he could spice things up a bit by giving the firm 24 hours notice to pay otherwise he "will be led to believe that his non payment of monies due could in part to the best of his knowledge be indicative of the firm suffering financial difficulties. And as such he may feel a moral obligation to contact the firms suppliers to enquire if they are having difficulties in receiving monies themselves" Purely as an information gathering exercise of course. If the aforementioned suppliers infer that the firm MAY be in financial difficulty and take action accordingly...well thats up to them.

Can you really do that? Wow that has shocked me but I like it

 

[Merchant UK]

Surely if he hung onto the van that would be theft? We dont want to get into trouble. All in all this is 3 weeks money and his deposit for tools - But they never gave him any tools only the van

Your not stealing the van, only hanging onto it in lieu of wages owed, perhaps you could even call your local Police station to ask them, I'm pretty sure they will say its a civil matter as your owed money.

I understand this may sound strange to you and your partner, but you need to stand firm and don't let them get away with it.

The other thing to do would be to Invoice the company and give them 7 days to pay otherwise you will take them to the county court.

Now if your Partner is owed 3 weeks money and say he was getting £10 an hour he will need to do the invoice for £1200.00 and then be prepared to take them to court for the money and more, ie legal fee's expenses etc..

Call ACAS and let us know how you got on,

 

[Spinoza]

It would have to be phrased very carefully and at no point actually state the firm is having difficulties. A simple "I'm having difficulty having an invoice of mine paid from XYZ company, have you encountered any problems yourself in the last (state a very precise number of days such as say 11) Do you know if they're having any problems at the moment? (thats problems not financial problems the ambiguity absolves a onus of "directly implied statement". then sign off with a "Thanks for your help." An innocent inquiry.

 

[kate1]

Im with the others on this Kitty, dont let them get away with it. They have infact stolen from your husband no? Used his skills and then not paying?

 

[Newchodge]

Your not stealing the van, only hanging onto it in lieu of wages owed, perhaps you could even call your local Police station to ask them, I'm pretty sure they will say its a civil matter as your owed money.

I understand this may sound strange to you and your partner, but you need to stand firm and don't let them get away with it.

The other thing to do would be to Invoice the company and give them 7 days to pay otherwise you will take them to the county court.

Now if your Partner is owed 3 weeks money and say he was getting £10 an hour he will need to do the invoice for £1200.00 and then be prepared to take them to court for the money and more, ie legal fee's expenses etc..

Call ACAS and let us know how you got on,

If he was an employee then the way to get unpaid wages is through an employment tribunal claim. It is (currently) free to issue a claim, rather than county court, which costs money.

 

[Berkshire Business]

I agree with, I'd take action and not let them get away with this, your husband has rights and what his employees are doing is illegal by refusing to pay him. I hope you get the outcome you expect.

 

[Root 66 Woodshop]

Just to be a complete and utter git and get them to pay you quicker...

Stick their van on gumtree with pictures, at a price of [insert due wages here] - send them the link to the gumtree page.

Only put in a contact email address - that way anyone who replies who is not related to the company, you can reply back with vehicle is now sold.



Joking apart though, what this company is doing is illegal. Your husband is owed money, you have their van, if they want it back they have to pay what they owe.

 

[Merchant UK]

Any update on this?