Have i got any rights?

[sparky01452]

My son was taken on by a garden centre on a 3 month trial.

 

After 3 months nothing was said and his employment lasted a total of 5 months and

then the owner dismissed him saying it wasnt working out.

 

His original letter of employment stated £5.50 p/h and he was only paid £5.00 with doing a 40 hr week

 

there is a discrepancy there but also what holiday pay would he be entitled too?

 

He had acctually taken 3 days off as holiday and was dismissed on the morning of his return

by being called too the office without any other representation and dismissed.....

 

......so does he have any rights?

 

Many thanks greenige.

[BankFodder]

This is a crappy way to treat any employee – and especially a young person who may be is only starting out the world work. It is calculated to demoralise and also to breed distrust.

 

You do have some rights although they are rather limited in such a short employment. However in view of the way that your son has been treated we may as well try to exploit those rights as hard as you can and do your best to stick it to them.

 

First question is: did he receive any contractual document/statement of terms of the basic characteristics of his employment.

 

How old is he and was he paid weekly or monthly? In cash, by cheque or directly into his bank?

[BankFodder]

Also, how long ago was he dismissed

[sparky01452]

He was dismissed 28/6/2014

[BankFodder]

Thank you. I would like to know more about the documents that he received.

Please can you have a look at this government website https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars where it tells you what the contents of the documents should be.

 

I'd appreciate if you would come back as quickly as possible and tell me if the documents that your son received from the employer satisfied the requirements listed out in this website.

 

You have very few employment rights because of the length of service. However, your son is entitled to receive a statement of terms as described in the government website which I have linked you to. If the statement of terms is not supplied or if it is not complete, then there is a small action available there which could get one or two weeks pay.

 

Although there are no other employment rights in the circumstances, it seems to me that there is a clear breach of contract and you can start an action in the County Court to assert those. It isn't going to make you a lot of money – but you might as will good get what you can. This means that you can get the money which has been held back on the agreed hourly wage – 50p per hour for as many hours as he worked. He can also get his holiday pay. He can also claim back his notice period.

 

In statute, his notice period is seven days. He will definitely be out to get this much. If the contract had granted him longer than the statutory minimum of seven days then he would have been dealt a claim for that

 

If you decide that you want to go ahead and start a legal process then frankly I would suggest trying to come up with some arguments to say that contractually the agreed notice period was one month. It might not be a winner in court – but the difference in money – three weeks might make so little difference to the employer that he would prefer to pay it rather than have the hassle of going to court, facing the criticism of the judge and possibly losing.

 

Because you would be dealing with a small claim there is really very little risk to you and I expect that an extra three weeks money would make quite a difference to your son – and also it seems to me that this employer needs a bit of a slap. Three weeks money is not much of a slap that it might make your son feel a bit better.

 

Let me say that the arguments in favour of saying that the implied notice period was one month are probably rather shaky – and it would never be worth trying to sue for that on its own. However because the rest of your case is a surefire winner, then you might as well tack this on the end and see what you come up with.

 

One thing that interests me here is that your son was paid 5 pounds an hour. But he was over 18 at the time. The statutory minimum wage for his age is £5.03 per hour. Are you sure that he wasn't paid that? Is it possible that maybe you have simply rounded it and assumed that was 5 pounds? Please check this. If it turns out that he has been paid less than statutory minimum wage then this is good news to you because then we can add that to the tribunal complaint that you will make if the statement of terms is incomplete.

 

Please do understand that starting a complaint before an industrial tribunal for a statement of terms which is simply flawed is really making a mountain out of a mole hill. On the other hand, if the documents your son received don't comply with the regulations then it could be at least one weeks extra money to him and maybe two – and it could well be that the employer would rather just cough up and go through the expense and hassle.

 

Of course if you are taking formal advice on this then you would probably be told that it was also little that it wasn't worth bothering. Do bear this in mind. It's a bit of an effort for not very much – but on the other hand if the boy needs the money, and the employer needs a slap, who are we to get in the way?

[sparky01452]

Having looked at the web site the letter he received seems too include all the relevant details he also received a employee handbook.

[BankFodder]

OK. What does it say about the notice period?

Please check your calculations for his hourly pay

[sparky01452]

Yes as for his wages letter states £5.50 but he was paid £5.03 so minimum wages were paid. As for the notice period there is nothing in the letter regarding notice periods and looking through his employee handbook it states that he may be accompanied in the meeting but it wasnt offered to him also he had been given one verbal warning but no written warnings. But under the general conditions in the handbook it states that anyone within the trail period may be dismissed without any warnings.

[BankFodder]

Thanks.

It seems that they have got almost everything right , then - Made an error on the contractual rate of pay, the notice period and the holiday money.

 

I think that in the circumstances you will have to settle for seven days notice.

 

It seems very unfair but calculate everything that you think you are owed.

 

Detailing all carefully in a letter – fully itemised: the unpaid contractual rate, the seven days notice and the missing holiday pay.

 

Tell him to pay you or you will bring a County Court action in 14 days.

 

The only basis for the dismissal without notice would be of this gross misconduct. You need to make sure that there aren't any little secrets hanging around in the cupboard, but for the rest it should all be payable.

 

Don't threaten the County Court action unless you are prepared to carry it out

[sparky01452]

Ok many thanks for your input today we will try for 7 days pay,unpaid holiday pay and the differance in wage rates but again many thanks.