RachelMD
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RachelMD last won the day on July 19 2011
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does this need sorting?
RachelMD replied to caring guy's topic in Employment and minimum wage problems
Can you insert some paragraphs into your text? You might find many more people will respond if it's easy to read. -
I'd send 'em an email/letter and ask why, Conniff. Never too soon to be collecting evidence if there's a chance you're going to litigate.
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Dismissed today with no warning -
RachelMD replied to jc24's topic in Employment and minimum wage problems
How much notice/ PILON were you given? You are entitled to a statutory weeks notice here, more if there was a contractual agreement to that effect. -
Write a letter to the employer. Headline it LETTER BEFORE ACTION. Set out the hours you worked and the amount of money you are owed. Give a deadline, I suggest 7 days, for payment to be made. State that if payment is not received, you will make an application to The Regional Office of Employment Tribunal with a claim of unlawful deduction of wages. You will also refer the matter to the National Minimum Wage Unit at HMRC. Send the letter by recorded delivery.
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Unfortunately, in my experience, when an employer gets to the point that they are unable/unwilling to even pay their employees it means that the company is in a nose dive. I'd say the longer this goes on the less chance there is that you'll be paid anything. I'd suggest that you write a letter to your employer. Headline it LETTER BEFORE ACTION. Set out what you are owed and when these payments were due, and give a tight deadline for payment. I'd suggest 24 hours from receipt. State that if payment is not received you will make an application to the regional office of employment tribunal with a claim of unlawful deduction of wages. Send the letter by recorded delivery. Don't threaten to resign, but if you aren't paid, then that's exactly what I suggest you do. If they don't pay up, quit. Go to the job centre, you might well be able to claim benefit in this circumstance (particularly if you've mouths to feed), and start looking for another job. I understand it's a difficult and worrying step to take, but I feel you're throwing good money after bad by carrying on.
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Fired suddenly with no reason
RachelMD replied to Out_of_work's topic in Employment and minimum wage problems
Did you receive a written statement of particulars of employment from this employer? If so, what did it state was the notice you were entitled to, and was there provision for pay in lieu of notice? Were you paid for all the hours you were working, or did your salary when divided by your working hours meet the NMW? -
Yes, is the simple answer. It seems to me that your behaviour would reasonably give your employer/manager 'constructive knowledge' that there may be something significantly wrong, and they should have made such enquiries as to ascertain if that is the case. Behaviour such as crying, talking of suicide and self harm would be clear indications that further enquiry should be made, certainly to me. I do hope you're now recieving the assistance you need from your GP/Consultant. Look at the case DWP v Hall EAT 2005. That is very much relevant to your situation.
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My Dad owns a vehicle, which he presently insures, with me as a named driver. Due to his deteriorating health, I'm his carer and now exclusively drive his car for him. His license is up for renewal (he's 81) and it's very doubtful that his GP will sign for the renewal. If his license is not renewed, can he continue to be the insurer- with me as a named driver, or will we need a new policy solely for me? Thanks in advance.
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Taking Employers to court... Query.
RachelMD replied to Boat's topic in Employment and minimum wage problems
Email, follow up with a letter by recorded delivery. -
Taking Employers to court... Query.
RachelMD replied to Boat's topic in Employment and minimum wage problems
Contact the EAT & the respondant first thing Monday morning and explain why the deadline was missed, then make sure you lodge ASAP. Contact your GP and see if you can get evidence of your hospital admission, in case you need to substantiate.
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