Employment/Work and asscioated benefits woes

[Hacked_Off]

Hello again.

 

Is there ant chance of some paragraphs please, because this is a wall of text and hard to read for those trying to advise you?

 

My best, HB

 

Done!

[honeybee13]

Done!

 

You're a gem, thank you.

 

HB

[flumps1976]

Hacked Off, I'm glad you got it sorted however I assume you mean the Benefit Centre reassessed the B7 that you completed regarding your change in hours and wages for that two week period, JCP do not process payments so the call back wouldn't have been from them!

[Hacked_Off]

Just wondered what some of ou thought of this one:

 

I did some work for four days in June for an agency (I know I know!). First of all I was told the job was for two weeks. So i signed off and went to work. Upon arriving it turned out the job was actually 4 days. If I would have known that from the start I wouldn't have taken it.

 

So around comes pay day, checked the bank, no wages. I emailed asking " hi, I have not been paid is there a problem" he replied saying "we do not pay out until the afternoon". He submitted a copy of the payment from his bank with his ET form. As it turns out he paid me 9min after me asking but not only that he paid me from a personal account not business.

 

Then two weeks later non payslip. I emailed him several times asking "were is my payslip" no replies until about the third email. On his replie he called me all sorts "rude...no people skills.." I simply said "I don't see how you've got offended by 'were is my payslip'" I said again "I need the payslip for my housing benefit claim theybwill not accept bank statements". I had it confirms with the council it has to be a payslip and within one month of me doing the work

 

So a month past, still no payslip. So the council had no figured to go off. They've assumed the upper limit and calculated I get zero for that week when it should have been £75. which nice now had to pay myself.

 

So I again explained to him hat had happened and again recieved insults. I have started an ET claim. On his et3 he says he does not contest the claim despite insistin hea sent thenpayslip three times.The form thn says go to section 6. Which he has ignored and gone to the next section and written in a load of rubbish. He says I knew ye job was only for four days,despite me having an email saying two.

 

I've now tried to settle with him twice. He ignored me the first time. Then today has said " I want be attending court, I don't have the spear time" his spelling not mine. Surely I'll get a default if he doesn't attend? Then I get another off him saying "there is no default" I asked what he was on about obviously there was no default otherwise there wouldn't be a court date!!

 

Then hea saying how about input the money to a charity on your behalf? I told him you can't do that it has to come to me!!! And even if i did agree how soon know you'd actually pay it.

 

I've basically told him now I will not enter into any more email insult ping pong either you settle or you don't.

 

I've also had it confirmed by rex that he is falsely claiming to me a member and try are investigated him

Using there logo all over his website.

 

I've also had it confirmed by the job centre(were I found ye job) they are no longer advertising for him after havin had a few complaints all I the same nature.

[Emmzzi]

what's the question?

 

If he doesn't show for court, yes, you win.

[becky2585]

What's the ET claim actually for? Withholding your payslip? Or paying you wages from the wrong account?

 

Do you have a question?

[Hacked_Off]

No particular questions just wondered what your thoughts were.

 

The claim is for my payslip and payment for benefits lost due to not having the payslip.

 

I have all the confirmation from the council and such.

 

It is a very small claim mainly it's the principle and from what the job centre have told me I'm not the first.

[Hacked_Off]

I'm having trouble with my bundles.

 

Point three of the case management order

 

" witness statements

 

The claimant shall prepare a full and complete written statement of the claimants evidence and of any witnesses. The witness statements shall have numbered paragraphs. Two copies of each statement shall be provided for use at the tribunal at the hearing"

 

I havnt got any witnesses so do I leave that part?

 

I've done the statement of loss and what I've done to reduce the loss. Also the bundle which is letters from the council, proof of lost benefits and several emails between me and the respondent asking for my payslips ad his abusive replies.

 

He's tried to settle again "to a charity of your choice" he doesn't seem to have grasped the fact that you can't do that. He has again said he's not going to show up.

[Hacked_Off]

I've finally got a job that isn't agency,woohoo!

 

The problem is though I don't get paid for two months. She said I've just missed payroll so I'll get paid a week wages in November then not get paid properly until after Christmas! It's not possible for me to live on a weeks wages for two months!!

 

I'll still be claiming jsa because it's 15 hours a week but what can I claim in the mean time?

[Lea_HTH]

Are you sure you understood the employer correctly?

 

If you have just missed the payroll for this month, you will get paid not only for this week (which they were too late to include on payroll), but also for work carried out in November, assuming you are paid a month in arrears.

 

I know of no employer who pays their staff two months in arrears, which is what you've suggested.

 

You may be entitled to some benefits during the period of time when you continue to have no other income, but you will need to contact the benefits agency to ask them about your specific circumstances.

[Hacked_Off]

I don't start until Monday. She said I'd get next weeks at the end of November then then the rest at the end of December. So I would essentially have one weeks wages for two months.

[Lea_HTH]

Honestly, that makes no sense at all. Why are they only able to pay you for a week at the end of November and not for next week and the month of November? They have to set you up on the payroll to pay the week's wages, so it makes no sense not to pay the month's wages at the same time.

 

What does your contract state regarding pay days and how many weeks/months you are paid in arrears?

[Hacked_Off]

We get paid the last working day of the month. So I'll get paid the 30th of November for the 26-27-28 October. Then a full months wages on the 31st December.

[Surfer01]

We get paid the last working day of the month. So I'll get paid the 30th of November for the 26-27-28 October. Then a full months wages on the 31st December.

I have never heard of a company paying a monthly salary a month in arrears. At end of November you should get paid for 26-27-28 October plus November's salary.

In essence you are saying that if you had started on 1st Nov you would not have been paid for the month of November until end of December? That can't be right?

[Lea_HTH]

As I have said, and as Surfer01 has reiterated, that doesn't make sense.

 

On 30th November you should be paid for 1-30th November, plus for 26-31st October. Anything else is nonsensical.

 

Contact the employer and ask them to explain this further to you - I think you have misunderstood them.

[Kitten1]

I know I get paid a month in arrears from the nhs. I started on the nurse bank the start of Sept & got paid for Sept hours worked on 25th Oct.

 

Just check as you will probably need proof of paydays for any further benefit claims.

[Surfer01]

I know I get paid a month in arrears from the nhs. I started on the nurse bank the start of Sept & got paid for Sept hours worked on 25th Oct. Just check as you will probably need proof of paydays for any further benefit claims.

 

But you probably also got paid for October?

[i hate bailiffs]

If it helps i use to get paid a month in arrears

 

so end of October get paid for September

 

and in November would get paid for October work

 

Have left that job now but that was the way they done things

[Hacked_Off]

Every job I have had with monthly pay has been a month in arrears. I've checked and what I've said is correct.

[i hate bailiffs]

Every job I have had with monthly pay has been a month in arrears. I've checked and what I've said is correct.

 

Agreed !!

[Hacked_Off]

If it helps i use to get paid a month in arrears

 

so end of October get paid for September

 

and in November would get paid for October work

 

Have left that job now but that was the way they done things

 

Exactly, I was beginning to think why am I the only person who has been paid this way!!!

[Hacked_Off]

Wanted a bit of advice for a friend

 

He was offered a job so handed in his notice. He left his current job then the new job took back there offer.

 

He had everything confirmed by email with start dates etc

 

Is there any claim he can bring?

[Emmzzi]

why did they recind?

[Hacked_Off]

No reason was given

[becky2585]

Did he sign a contract? If so, he might be able to sue for notice pay. If not, nothing can be done.