2 weeks work and co-op not willing to pay me

[Silky444]

So i worked for co-op for one and a half years with no problems with pay.. recently i left but then returned back. they didn't send off my application form (so they didn't send off my NI Number) - when i found out they hadn't sent off my application form i didn't turn up for work.. because i wouldn't be covered if i had an accident... ect + they where not logging my hours worked with head-office... now they are refusing to pay me.. they ask me to bring in 2 references apparently without them they can't pay me... surly they should have sent off the application form before making me start work.

 

I didn't sign a contract either... Didn't sign anything before i started working there again.

 

I worked just over 96 hours in 2 weeks, so they owe me around £490ish

 

I need help!, i want to go down there tomorrow and demand my money that they owe me.. where do i stand?

 

Cheers, John

[Silky444]

Can anyone like... help?

[BeauBrummie]

Hi Silky,

 

Have you asked your Line manger/supervisor about your problems ?

 

Contract of employment dont have to be issued immediatley but as soon as you are "employed" you fall under employment law and are therfore covered.

 

Did they tell you when your payday will be ?

 

Not to important that they do not have your NI number as long as it is passed over in a reasonable time, niether is take up of references.

 

Did you resign when you left previously and are you now doing same job as before under the same terms ?

 

Sorry for lots of questions but need more info

 

Beau

[Conniff]

As well as answer Brummies questions, write to the head office yourself. I bet they don't know what is happening.

[Silky444]

My manager said to me that i won't be getting paid and i quote the words he said 'Your working for cheap labour' - then he laughed.

 

my paypay was spose to be last thursday. they said it will take another 3/4 months for me to get paid for the 2 weeks work.

 

they said that they couldn't send off my application untill they had the required refrences.. funnny, because last time i worked there for a year and a half without any refrences given.

 

i resigned when i left last year due to being bullied at work, by the manager & another staff member.

 

Im thinking of going into the shop today and demanding the money that they owe me..

 

I've already phoned up head office and they where really snobby towards me saying it's ok for the manager not to send on my application form that it's ok for me not to get paid for another 3 months.

 

I was fuming.

[BeauBrummie]

Sorry Silky,

 

You are being led a merry dance here---- This is the CO-OP !!

I cannot beleive that you are being told this info, there must be other circumstances that are giving rise to your situation.

 

If you resigned for the circumstances you have stated why go back ??

 

All the info that you have been given regarding your pay is not correct unless you are "not employed" and even then I would doubt the legallity of what you are saying.

 

Regards

 

A confused Beau

[Silky444]

Excuse me?

 

So you don't believe what im saying just because it's the co-op?

 

I went back because i was unable to find work and with 13 debt collectors on my back i had no choice.

 

Anyway im going in the shop today and im going to demand my money, i worked the hours.

[BeauBrummie]

Silky ,

 

I did not mean to offend, but the info you are giving me does not make sense. People cannot advise you without having a reasonable picture of what is going on.

 

Beau

[Silky444]

Right, when i went back to work last month, i submitted my application form, they didnt say untill 2 weeks after i started that they need 2 refrences and that they haden't sent it off. My boss told me that i was working cheap labour. so then i told him im not coming back to work until you sort out my application and it's been processed. he said well.. you won't got paid then, so i've not been back to work there since, so he's telling me if i dont go back and work there. not knowing if ill get paid, then he will not pay me atall... since leaving i have signed on with the job center and now they are helping me find a new job. i just need to know if they have a right to withhend my wages and not pay me at all.

[BeauBrummie]

Hi Silky ,

 

"i just need to know if they have a right to withhend my wages and not pay me at all."

 

Short answer is no they do not, but have you got any proof that you have worked the hours, ie sign in sheets or letter of offer of employent with a starting date rate of pay etc. Did you give in a P45 or sign a P46 form.

 

It sounds to me like that the mangers at your depot beleive that you will not be returning to work and are trying their luck.

 

Given you are due this money then you need to have a some leverage against them to use.

 

Beau

[Silky444]

No contract was signed. no p45 and no p46 involved. No notice of start dates or rate of pay.

 

I did also sign the sign in sheets at the beginning of every shift.

 

The boss only got me to work there because no one else would do the hours, i did 8 hours a day 6 days a week.. if it was like a few hours here and there i wouldn't mind but overall they own me 96 hours of pay:mad:

[BeauBrummie]

Hi Silky,

 

In the abscence of any proof, I think you need to send a letter to the Head Office HR dept. Explain that you have worked these hours and that you are entitled to the pay for these hours. You should also explain that you are an employee of the company for this period and and as such would be covered by employment law. Give them a time limit of say 14 days to reply, or you will seek further advice and copy in you depot manager, so that he knows you mean business.

 

I think if you put this in the right way, they will want to put an end to the matter fairly quickly and pay up.

 

Beau

[bed32]

If you were working there with the knowledge of the boss then a contract will be deemed to exist and they will have to pay you.

 

Unless anything was said to the contrary they would probably assume the same rates of pay as you were on previously, either that or the standard pay for the role you were doing.

 

Any issues with paperwork, references and the like are their problem not yours.

 

However if they are just being slow about paying you there is not much you can do to hurry things up. It is not okay for them to delay paying your wages for 3 months but the only action you can take through the courts, or through the tribunals, will be likely to take longer than that anyway.

 

You could trying raising the matter formally as a grievance through the grievance process. They may then decide that it is easier to pay you immediately than go through the hassle of investigating and responding to the grievance.

[Silky444]

i think i will write to headoffice but also post a copy of the letter to the manager of the shop. If i didn't do anything about it i bet you they wouldn't pay me.