Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Not paid by Ascot Care company

    I would like to get some advice after I haven't been paid by a company I worked with called Ascot Care.

    It happened during the new years time when I was booked to work as a carer and my client passed away.

    The company couldn't find me another placement and told me that I'm not going to be paid, even is they told me before in an official email message that I will be paid if the client goes to the hospital or pass away.

    So they didn't pay me around 800 for that.

    What should I do if it's not too late?

    Sincerely,
    Sofi


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    Default Re: Not paid by Ascot Care company

    What does your contract say about notice periods?

    What evidence do you have that they agreed to pay you? exact wording of the email.

    When you say "worked with" did they employ you, or were you self employed?

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  3. #3
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    Default Re: Not paid by Ascot Care company

    It does seem rather odd for an employer in one of the industries with the worst record of good employment practices to primrose to pay someone for not working. Can you also please explain what communication you've had with the company about this issue since the new year - I presume that you've not simply left it for five months? And what does "booked to work as a carer " mean - it isn't the phrase that usually comes to mind when people are offered a job. Are you on a zero hours contract?


  4. #4
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    Default Re: Not paid by Ascot Care company

    I am on a 0-hour contract, and nothing is written about it in the contract, that's the reason why I send them an email and asked what happens in this kind of situations: if the client goes to the hospital or pass away. They assured me that I will be paid 2 weeks ahead for a time I was booked for. After an accident, I was informed that it was a misunderstanding in communication and I will not be paid for that time, basically because NHS stop paying the company for that client after death.

    Then I found these agency workers rights in ACAS:

    Many agencies use timesheets. If a timesheet cannot be provided, the agency worker must still be paid and it is the agency's responsibility to establish what hours were worked. An agency may only delay a payment to confirm what hours have been worked and only for a reasonable amount of time.
    An agency worker must still be paid on time by their agency, even where the agency has problems getting payment from the hiring organisation.

    There was no further communication after I wasn't paid, and I'm still employed by the same company.

    As an evidence I have my rota, I have my payslips and all the emails from the company.

    Thanks for your answers!


  5. #5
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    Default Re: Not paid by Ascot Care company

    It would appear that you are on a zero hours contract. That means that you do not get paid for hours that you do not work. Assuming this is a genuine zero hours contract, which I have to unless there is evidence to the contrary, the terms of a zero hours contract are clear - so whoever told you that you would be paid for not working made an error, and unfortunately people do make mistakes and they are allowed to correct those mistakes.

    The rules you allude to here are for agency workers - they do not apply to you, as they are for a different group of workers.

    If you are a zero hours worker, you are not an employee. So you are not emptied by the company at all, but your services are retained by them as required.

    I think you would need to prove you are not a zero hours worker if you are to have any claim - and even then, I am not certain how you could take it as you are out of time for a tribunal, and no other court would be able to make a determination of employment status, which is what you would need to prove they owed you wages for a period you didn't work.



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