Help with severe Employment issues with a tyrant employer

[fudgy2008]

right , this sounded easier in my head than it is to type but here goes, im considering representing a few friends to a tribunal over the treatment they had dealt with , with one employer and his wife.

I have a good knowledge of employment law but id like someones elses opinion on just how far this could go.its really bad employer behaviour within a public house.

1st case is a young lady aged 22 who was indeed contracted however was not given national minimum wage. she was only paid £5.20 per hour. she worked there for approx. 6/7 months.

 

 

2nd case is two close friends who worked there as a cleaner/bartender on the side. wrong on both sides I know but heres the story....they worked for a mere £5 an hour no contract no terms etc then they were told by the employer and his wife that they were being "let go of" (after working for them for two years each) even worse, they claim the employer made them write a formal letter of resignation out of pure intimidation. the reason they were "let go" was to make way for a young enthusiastic experienced individual and his girlfriend who were promised good managerial jobs and promised to move into the flat above the pub while the employer and his wife moved abroad.

 

 

3rd case is the enthusiastic individual and his girlfriend. he had the contract of manager, was paid accordingly, then when the employer visited they decided the pub was not upto scratch and sacked both on the spot also making them effectively homeless.

 

 

4th case is the young man who the then manager hired to help behind the bar who was also told to leave. he did not have a contract of employment either.

 

 

you cant make this stuff up, its absolutely appauling behaviour and yes, I also used to work for them but because I made quite clear my position in management and knowledge of employment law they did not break any law with me, I left from my own accord to run a business.

 

 

so come on guys verdict on an employment law basis please.......

what do you make of this and what cases do you think I should take on ? if not all of them?

[Emmzzi]

does anyone want you to take them on?

 

is there any written evidence at all?

 

has anyone tried a simple letter before action?

 

2nd case I'd leave well alone, cash in hand is not a great place to start arguing the law from

[fudgy2008]

does anyone want you to take them on?

 

is there any written evidence at all?

 

has anyone tried a simple letter before action?

 

2nd case I'd leave well alone, cash in hand is not a great place to start arguing the law from

Of course iv been asked to help, wouldnt of posted on here had I not . Your right about thr second case I cant see a way to do it. The others may be accepted though.

[honeybee13]

Hello fudgy.

 

What capacity are you going to be acting in if you take on these cases please?

 

HB

[ericsbrother]

is there a copy of the formal letter of resignation in case 2? If so this will show that they were employed an although this wont prove your case it will show that the employer is an unreliable witness should he say that he paid MW, they werent really employed etc.

MW currently lowerfor those under training if under 25 so he might wiggle out of that if there isnt something to support the claim. Dodgy pay slips would do there, even no pay slips help your case as that is unlawful and again make him an unreliable witness.

How long was last man employed for?

The employer may well have all of these things found against him and he then does a runner to wherever he was abroad so do a bit of research on how the pub is owned and what assets he/the co has and if possible get a charge on any property when they start the claim.

[Guest topcat14]

I would personally leave well alone, except for a call to HMRC NMW Compliance unit. They have far greater powers than you will ever have and will ensure the ex employees get their due money.

[steampowered]

My view:

 

1 - Yes, this person should have been paid the minimum wage and should claim for the difference / report them to HMRC if she wasn't getting the minimum wage.

2 - As above, minimum wage should have been paid and should be pursued if not. If she was paid 'cash in hand' there probably wasn't any tax paid, but I would have thought getting paid the NMW would balance that out and I can't imagine she should have been paying much tax on 5 quid an hour.

3 - I can't see a legal case here. I'm assuming these people had less than 2 years' service, so unfair dismissal protection would not apply and the employer would have been entitled to dismiss giving only a fairly short notice period.

4 - Same as for 3.

 

A county court claim is now a cheaper way of claiming unpaid wages than employment tribunals, given the hefty ET fees. However you would not be entitled to represent people in county courts.

[Emmzzi]

 

is there any written evidence at all?

 

has anyone tried a simple letter before action?

 

 

could you answer all the questions please?

[Derwent]

My view:

 

2 - As above, minimum wage should have been paid and should be pursued if not. If she was paid 'cash in hand' there probably wasn't any tax paid, but I would have thought getting paid the NMW would balance that out and I can't imagine she should have been paying much tax on 5 quid an hour.

 

 

 

 

Could be a possible benefits fraud case though, depending on what the OP means by working "on the side".

[unclebulgaria67]

Suggest the individuals speak to ACAS or an employment law specialist.

 

HMRC have a department that deals with minimum wage problems.