Careworker hasn't been paid for 7 weeks

[Sugar Plum]

Hi guys, thanks steampowered it was just something I was looking into but dont need to anymore as I have lodged the case with the ET. Thanks again though.

 

Hopefully someone can give me some advice on this new question.

 

My daughters boyfriend has been working for a carework company for the last 7 weeks. He has not been paid anything, none of them have employment contracts. He is bank staff which means they go in as and when they are needed I think.

 

After working the first 2 weeks he was expecting to be paid then his boss told him no he will get paid the end of the following month. He was not happy as this had never been discussed anyway he continued to go to work.

 

He was due to be 28 feb 2013, but was not. He asked his boss whats going on they said payroll didnt have him down and he would only be getting paid for 2 weeks work not 7 weeks saying he has to work a month in hand but remember none of this has ever been discussed previously plus they have no contract. All the other staff have been paid but he hasnt.

 

Can anyone advise me if they can do this, I am almost positive they can not. He was brought into the job by a friend and feels he cant raise too much of a issue because it may look bad on his friend that referred him.

 

Sorry no one works for free when they are expected to be paid in my opinon. Sorry for the rant I dont like anyone being taken advantage of, I think the company is making it up as it goes along.

[Emmzzi]

no, of course they have to pay him!

 

has he put the request in writing?

[honeybee13]

Hello there.

 

I've started a new thread for you as this is a separate matter.

 

My best, HB

[Sugar Plum]

Thanks honeyBee13 and Emmzzi

 

No he's not put anything in writing because he feels like he will be causing trouble.

 

Can a company only pay you for 2 weeks work when you have worked 7 weeks.

They said he has to work a month in hand 2 days before he was due to be paid.

 

He's not the best at standing up to management:violin:he feels quite intimidated. The company is small and privately owned by them.

[Emmzzi]

they can indeed get you to work a month in hand, but you'd be wanting a contract saying that

 

is he bothered about causing trouble if he's working for nothing? doesn't seem that much to lose to me...

[Sugar Plum]

I agree totally thanks emmizzi.

 

I told him the same thing but was not 100% sure, I was trying to contact law advice to confirm, but I have you great people advice, thank god.

[Surfer01]

If you work for a month, you should be paid at the end of that month and not at the end of the following month. Different if on wages. Imagine if every company paid a month in arrears, new employees would be unable to get to work as no cash for anything after 1 month!

[assisted blonde]

Depending on your start date you might not get paid on the 1st pay run after starting but you would be paid for more weeks on the 2nd pay run, I know LA's that if you say, start 1/2 way through the month then you are paid 6/7 weeks not on the next run but the one after, but it normally forms part of your contract.

[Jimbob1987]

Most care companies pay bank/sessional/relief staff a month behind as there is not way to ensure the exact amount of hours worked that month without putting a mid month cut off point. Also lots of companies pay sleepovers, overtime, expenses a month behind again because it is easier to work with whole months and not part.

I would advise to give it to next pay run and see what happens.

Edited March 5, 2013 by Jimbob1987