Am i right in thinking i have no employment rights for the first year?

[matt-e-g]

Hi, my names matt and will appologise in advance, this is my first post and asking for information already.

Will just give some background information then a couple of questions.

At the end of november 2011 i secured employment through a local small private company as a load engineer, this job involved traveling all round the uk testing lifting equipment and was taken on on the basis of a 6 months trial, it was a saleried position of 15,000k a year and it was stated would involve some weekend work and also staying away from home from time to time in hotels. To start of my boss was great but after i came back from my christmas holiday he changed, it felt like he wanted me to leave, kept having a go at me for no real reason, picking faults etc..etc.. i wont pretend im perfect and faultless, im not, but im a very long way from being incompetent and felt personally i was progressing well due to the specialised nature of the job. Alarm bells started ringing when a couple of managers i visited as a sub contractor told me my boss has got through 4 employees in just over a year. I was also working very long hours, very rarely working less than 10 hours a day, sometimes 16 hours, but on average about 12 hours a day. I also only had 2 saturdays off in 3 months so was working 60-70 hour weeks most weeks still for only 15,000 PA wich i worked out was £3.20 PH much less than minimum wage but because im salery im not entitled to minimum wage? correct?

The inevitable happened last friday, i was driving the work van with my boss as passenger and he started having a go about my driving and told me to go back to the work office, he sacked me on the spot, i was stunned and half expected him to ring me an hour later asking for me to come back, but nothing.

 

Ive got a contract of employement and all wages go through the books, what im worried about is i worked a month in hand i:e started end of november, didnt get my first pay until end of january so am still owed a full months wage, where do i stand on this?, alos im feeling a little ripped of due to the hours= money i was paid, and also can he actually treat me like this? i was going to go to citizens advice but the que was massive.

 

Thanks for taking the time to read this post, all the best, Matt.

[BankFodder]

You have no employment rights but you do have right in contract. I would say that not only are you entitled to the money he is holding but also you are entitled to your notice money which in the circumstances you could argue was one month.

 

Your best bet is to look at taking a county court claim. Sending him a 7 days letter and the suing if you don't get all of the money without any delay

[BankFodder]

I don't what the rules are about calculating minimum wage but you should see if you can't find an argument as to why you shouldn't say that your basis was in respect of a 35 hour week and that anythng else was to paid on a per hourly rate.

Are there time sheets, for instance?

[RachelMD]

Certainly entitled to NMW, even on salary.

[matt-e-g]

I don't what the rules are about calculating minimum wage but you should see if you can't find an argument as to why you shouldn't say that your basis was in respect of a 35 hour week and that anythng else was to paid on a per hourly rate.

Are there time sheets, for instance?

 

Thre are no time sheets but hours can be proved easily as i needed to sign in at the different depots, then sign out, so i got into work for example at 5 am to drive work van to Daventry for 8am, finnished at Daventry 4pm drive back to work get there at 7pm, 15hour day for £44. i know ive only worked at the depot at Daventry for 8 hours, these depots are the company i worked fors customers so i believe the travel time of 6 hours should be included in time worked as im driving the works van and my permenent place of work is a 5 minute walk from where i live. Great answers, im not really the sueing type but i really want to teach this guy a lesson, i feel totally taken the p out off.

[becky2585]

Hello

 

You can claim your outstanding wages of one month, your contractual notice period (or statutory notice period of a week, whichever the greater), your outstanding holiday pay and possibly also a minimum wage claim as you can prove that you worked those hours.

 

If you didn't sign an opt out to the 48 hour working week, there are criminal sanctions which can be imposed against your employer if you were working those long hours. Put in the right way, this might encourage your ex boss to pay up.

 

You won't be able to claim travel time unless it was contractual, though.

 

These are actually usually brought as Employment Tribunal and not County Court claims. Employment related breach of contract claims are usually only issued elsewhere if their value is over £25,000 as this is the limit an ET could award. I don't actually even think the CC has jurisdiction to hear a national minimum wage claim.

[numbers666]

Er Hang On,

 

Monthly Salary... Started End Nov 11, Should have been paid 1 month in arrears end Dec-11 NOT Jan-12!!!!!

 

Thats unfair deduction from wages and IS pursuable through ET.....

 

N

[matt-e-g]

Er Hang On,

 

Monthly Salary... Started End Nov 11, Should have been paid 1 month in arrears end Dec-11 NOT Jan-12!!!!!

 

Thats unfair deduction from wages and IS pursuable through ET.....

 

N

Yep its the first time ive ever worked where i had to work 2 months before i got paid, its not an actual deduction though as i will be paid it eventually(hopefully)

[assisted blonde]

If the employers payrun was done within a couple of weeks of the person starting the job it is quite standard practise for the first pay not to be paid until the second payday and you would usually get say 6 weeks rather than a months pay on your 1st payday. However if it was a month in hand then you should get this either when you leave or soon after, as ghas been previously said you will also be entitled to any holiday pay owing. It can somtimes take companies a week or so to send a final salary and this may not be sent until what would be your next payday. Write to the company asking for your salary/month in hand/holiday pay/notice pay and p45 and ask them on what date this will be paid. Once you have dobne this and hopfully got a reply then if you want to start looking to see if you are due anymore (min wage etc) the reason I am saying this is not because you may not be entitled or I dont think you have been treated unfairly but because you want the mioney you are owed asap and there is no point in P****** the boss off until you know for sure that he isnt going to pay you. Rightly or wrongly companies especially small ones can drag things out when they have got someone threatening an ET or legal action.