Ex Employer Holding final wage

[laineynic]

I am asking this on behalf of my son in law. After 8 years working as a senior personal assistant for a young man who had several medical problems he was made redundant due to him passing away. He was unemployed for a few weeks when a position came up for a senior at a local care home. When he was interviewed he was old they had failed the CQC and wanted his help to turn the home around.

 

From day one the other staff where resentful towards him. One womn especially took a total dislike to him and made his life hell. Whatever he said or did they would just treat him by reporting everything back to the manager. There he saw mistreatment of residence and of other members of staff. Then the rota started to change from being a week of different shifts to maybe 2 days of nights and nothing else. for 2 weeks in a row he was given no shifts which when you have a home and a family to support you can't work no hours. He was in his 12 week trial when he was witness to a residence being deprived of a drink of water and hard the carer call this woman "a whinging *unt" he went home the in the morning and said he could not go back. He hadn't signed a contact and he was still in the trial period.

 

Yesterday he got his P45 and his final pay slip. The payslip was for £449 for hours done before he left and then there was a deduction which is for covering shift due to leaving of £449. This left him with £0. Since he left the 4 members of staff who started at the same time has him have already left. He wasn't on a zero hours contact he was on a 36 hour contact as they do 12 hours per day.

 

Is there anything he can do regarding his wages that they are holding. He was still in the trial period, he hadn't signed a contact and had no support from the Manager of the home or the owners when he approached them to tell them of what was going on. Why take him on if they don't want to hear the truth.

[lostfaith]

Illegal for them to do this. I would send a letter before action.

[laineynic]

Thank you lost Faith. Can anyone give me an idea of what to say in the letter? I just need an idea of how he presens it to his employer.

[obiter dictum]

http://www.legislation.gov.uk/ukpga/1996/18/section/13

[donarebun]

http://www.legislation.gov.uk/ukpga/1996/18/section/13

 

See the Law above, they can't make any deduction from his wages unless he had agreed to it.

 

You said he had no contract so he didn't agree to any deductions hence none can be made.

 

Write to them quoting this law and ask them to refund the wages asap.

 

But it would have been great if he had reported what he had seen;

 

1) He would have still had his job

 

2) Most importantly, things would have been better for the residents of the care home.

 

We all have responsibilities to look after the most vulnerable in the society and your son in law by walking out of the job let them (and the society) down.

 

I'm deeply disappointed in him

[obiter dictum]

A bit strong

 

You have a Contract of Employment being a worker. The employer has up to 60 days to give you a contract of employment and usually gives you an employee hand book to begin with

 

He needs to give the employer a letter before action quoting the link I have referenced. Give them say 7 days to comply or you will put it into the hands of ACAS

 

Section 13 is a protected right so no 24 months qualifying period is needed to instigate a claim

[ericsbrother]

The employer can only claim monies for employing someone to replace the person who walked out if they have a contract in the first place. Now, as soon as son-in law agreed to work he was entering into a contract even though it wasnt written down as to what the terms were. SIL can leave at the drop of a hat if the employer has acted in a way that is so bad that it becomes impossible to remain and thus the contract is repudiated. Its failures in this case would be enough for any reasonable person to conclude that the employer wasnt serious about how it went about its business so they cant claim money to pay someone to do the work over the notice period as the contract was nulled at the point of SIL's departure.

In short, if he sues them they will lose as their defence would rely on a contractual obligation that didnt exist. They wouldnt like the hearing in public either so a lba saying what he expects and when should be enough to focus their attention. Also he should make sure the regulatory bodies hera about this formally so there is a chance that the suffering at the home can be ended

[steampowered]

Hello

 

The law says that, if you have been employed for more than a month, you are supposed to give one week's notice before leaving, unless a longer period is stated in your employment contract. See http://www.legislation.gov.uk/ukpga/1996/18/section/86. This is the default notice period which will apply if no employment contract was ever signed.

 

If your son in law did not give one week's notice, then he was in breach of contract (even if no employment contract was ever signed). This means the employer may be able to claim that he should pay any additional costs incurred as a result. For example, if the employer had to hire an agency worker for a week at a cost of £800, and it would have had to pay your son in law £500 in wages if he has been working the employer could ask your son in law to pay the £300 difference. The employer would be expected to prove any financial cost incurred and cannot just make up a random figure.

 

Unless your son in law signed a contract allowing the employer to make a deduction, any amount owing should not be deducted from wages and the employer should instead ask for it separately.

 

I think he should write an email or letter to the employer, asking them to pay the owing wages and asking for a response in writing.

 

There is nothing to stop your son in law from reporting poor standards of care now that he has left.

[laineynic]

See the Law above, they can't make any deduction from his wages unless he had agreed to it.

You said he had no contract so he didn't agree to any deductions hence none can be made.

Write to them quoting this law and ask them to refund the wages asap.

But it would have been great if he had reported what he had seen;

1) He would have still had his job

2) Most importantly, things would have been better for the residents of the care home.

We all have responsibilities to look after the most vulnerable in the society and your son in law by walking out of the job let them (and the society) down.

 

I'm deeply disappointed in him

 

Thts an wful thing to sy about him. He went to he Manager and to Head Office and they had no intention o doing anything about it. There were individuals in the home that ran it rather than the management as a man of principle he was up against from day 1. There is after all only so much 1 person can do.

[laineynic]

Thank you everyone. We drafted a letter for hi to send using all the advice you have given us. Fingers crossed that he will receive the pay he worked for. As for the bullying, intimidation and abuse he went through and witnessed he has contacted the CQC after since finding out that they had failed there last assessment.

[Emmzzi]

if not, small claims; you can do it all online.

[donarebun]

Thts an wful thing to sy about him. He went to he Manager and to Head Office and they had no intention o doing anything about it. There were individuals in the home that ran it rather than the management as a man of principle he was up against from day 1. There is after all only so much 1 person can do.

 

Hi,

 

you didn't mention that the reason he received the bad treatment was due to the fact he had raised concerns.

 

If you had said so I would have suggested he goes to the Tribunal for PIDA violations.

 

Anyway it is great that he has gone to the CQC.

 

Protected Disclosure cases tend to be stronger in favour of the claimant if he was still in employment.

 

CQC also tend to listen more attentively to complaints while the complainant is still in employment.

 

Anyway he would have a strong case if he has evidence.

 

Back to the issue at hand, I believe he would get his money back easily as the company knows they have no legal leg to stand on.

 

All the best