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Hotel employer not paying me for work done, and ignoring the issue


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Hi I worked for a popular hotel chain for a few weeks. My contract was zero hour minimum wage.

 

I took the job alongside some contracted hours at another job, as the hotel promised they could work around my contracted hours.

 

I was working up to 19 hours a day between my job and the hotel, and not getting the required rest. The hotel was putting me on the rota for hours they knew clashed with my contracted job and often they would schedule me for 10-12 hour shifts. Whenever I turned down a shift they would keep saying they must have me for it and they absolutely needed me and why did I take the job if I did not want the hours etc, they would keep on until I said yes eventhough I am supposed to have the right to reject hours due to the zero hour contract, they never did let me reject the hours.

 

I had several conversations with the manager explaining this was not working, I was stressed, exhausted from hardly any sleep, over worked and the hours I am being given either clash with my other job, or result in me not having enough rest between shifts, but nothing was done. I sent a formal email explaining the same thing, that I cannot do the weekend hours they are timetabling me for, explaining that I am not getting the required rest, and asking when I would be paid as I was supposed to be paid weekly but had not. They took days to reply and the only response I got was again asking me to work that weekend, which is exactly what I emailed to say I cannot do, so either they didn't read my email or simply didn't care. The issue of payment was also ignored.

 

I could get nowhere with the manager so I paid a premium rate to ring and speak with head office and HR who repeatedly hung up on me, and when I finally spoke to someone from HR hey told me they would ring back but never did. I rang them back myself, was hung up on a few times, and then the receptionist told me they could not get in touch with the manager and would ring back, but never did. The next few times I rang they just hung up again so I guess they have flagged my number now.

 

I went in and managed to catch the manager who tried to get me to book a meeting with her to talk. I felt like this was just her procrastinating so I ignored her and carried on talking and asked why I had not been paid. She tried to skirt around the question but eventually said I should be paid on monday and then she asked me to leave the premises. Before I left I gave her notice that I was quitting and she told me she already expected me to, so it's very apparent to me that she was aware but didn't care about the ongoing issues affecting me.

 

The hotel owes me for over 70 hours of work and I have still not been paid. I was initially told at the interview that it would take a week to set up the direct debit, then they told me 2 weeks, then it was 3 weeks then it was monday yet I have still not been paid. I am overdrawn in my account and don't have the money coming in that I worked for and am struggling. My other job is not due to pay for another few weeks, and will be a much smaller amount as I worked the majority of hours at the hotel.

 

I have tried to get help from my local citizens advice but even if I queue before opening time I am always told that they won't have time for me to be seen, there are always other people waiting to be seen who have children etc but I am a male with no kids so get sent back home again and try the next day only to have the same thing happen. I have also filed a complaint with ACAS and am waiting for it to be allocated to a case handler but they told me this might take some time, and the hotel can just say they don't want to be involved in the process and still not pay up meaning I would need to go to court. In the meantime I have nothing to live off, let alone the resources to pursue legal action, is there anything else I can do in the meantime?

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This is a straightforward one, so small claims will be quicker than an ET. Sadly it will still take time though. Send a letter, hard copy, from 2 different post offices, getting a receipt of posting for each - this is cheaper than recorded delivery and the letter will be deemed to have arrived. The letter should setting out how many hours you are owed with a breakdown of shifts, that you have copy emails requesting the shifts be worked and confirming them; timesheets if you have them; and that should the amount not be settled within 7 days you will be proceeding to small claims court. Here is where to lodge a claim. https://www.moneyclaim.gov.uk/web/mcol/welcome

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi, sorry to hear about the situation.

 

Has the employer explained when you are going to be paid? It might be that you'll get paid through the next monthly payroll.

 

Do you need a reference from this employer for your next job? If not, the next step would be to write a formal 'letter before action' to the employer stating out what you believe you are owed, and requesting payment within 14 days. If payment is not made, you file a court claim against them through the moneyclaimonline system: this is actually very easy to do.

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Wages are paid weekly rather than monthly, that was part of the reason I took the job. However, they have continually changed their minds as to when I will be paid. In the interview I was told I would be paid every week and it would only take a week to set up, then I was told it would take 2 weeks to set up then I was told 3 weeks at a later stage (it actually only takes 3 days to set up a DD anyway), then I was told by the manager that I would be paid Monday midnight for definite as that is when everyone has been paid. However it has not gone in today and I have been told in no uncertain terms not to return to the site.

 

I just managed to get through to same person I spoke to before from HR who never called back last time. HR said I would be paid this Friday, which makes no sense because the manager told me everyone is paid on a Monday, why would I be paid on Friday?! I asked what happens if I don't get paid Friday and HR said just ring back again but said it would definitely go in Friday, which sounds all too familiar. They just keep pushing the date back and back and back and I know that after 3 months it becomes harder to try and get the money. I asked HR to send an email saying I would be paid Friday which they promised but never did sent it in writing. Obviously if it does not go in Friday I will have to wait all weekend before I can ring them back on Monday and it's another week that I have no money. My council tax has already been taken this week, but my rent is overdue and I've nothing to live off unless I go further overdrawn which incurrs fees, I rang the council but they would not help.

 

I have just had an email from ACAS saying I have been allocated a case handler who will be in touch to discuss it and to see if I am interested in exploring the possibility of resolution and will make contact within the next few working days. Should I still pursue the small claims option? I feel I have already tried to resolve it and the hotel is just procrastinating the issue. No I am not interested in getting a reference from this employer, I want nothing to do with a dodgy hotel chain again.

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I found a sample letter on your site I was thinking to send this to the manager via email so she will get it today, along the timetable of work I have done, and also post a paper copy as advised. Is this letter ok?

 

 

To the Manager,

 

With reference to my employment at [edited]

 

I have completed 72 hours of work for which you assured me I would be paid into my nominated bank account.

As of today 07/08/2017 payment has still not been received.

 

You should be aware that it is unlawful to withold payment of due wages without consent,by virtue of section 13 of the Employments Rights Act 1996.

Please accept this as formal notification that unless the full amount due and payable is not transferred into my account within 7 days of the above date,then I will pursue recovery in the small claims Court and be seeking costs.

 

In the alternative I will be seeking recourse by way of an Employment tribunal.

 

I trust you will give this matter immediate attention,

 

Yours Faithfully

 

My Name

Edited by steampowered
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I've removed the name of the hotel for your protection.

 

The email looks fine to me. You could send a copy to HR if you wish.

 

Fee remission are available for small claims, although it might not be a fast process ... better to keep chasing the company for payment if you need the money urgently.

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Yes, I wish I could warn people but I'm finding that it's difficult to raise awareness of the issue.

Having searched up the name of the hotel chain in hindsight I found quite a few pages where employees like me were desperately seeking an address or number for head office to deal with employment issues, which is how I got head offices number. I suppose most, like me, assumed that informing head office would trigger some kind of intervention from the higher ups, but in reality they are just as uninterested in helping as the managers are.

 

If you post anything negative on their social media your post is immediately deleted. They regularly advertise 'flexible hour' jobs on their facebook page (I've never met a more inflexible employer in my life), and I see people tagging their friends underneath the job vacancy posts blissfully ignorant of what they're about to apply for. Anyone who posts underneath warning people that it's zero hour minimum wage that does not operate under the working time directive, and that sometimes they don't pay you, gets deleted and blocked. They certainly never told me it was zero hour minimum wage until I'd already interviewed and got the job. Now it makes sense why they are always advertising vacancies, the staff don't stay because of the poor treatment, managers don't care and just ignore them as staff are simply disposable to them, and they actively expect you to quit. My colleague had quit several times but for whatever reason always seems to end up back working for them.

 

Because you have to sign away your rights to the 48 hour limit in the working time directive they put you on 48 hours+ per week, most people I worked with were supposed to be on 16-24 hours but had been on 40 for ages and hates it too. They do it this way because they don't have to pay you overtime pay rates, and they employ less than half the amount of staff they realistically need to keep the hotel running smoothly, so they always need you in. They give staff 40 minutes to do jobs that take an hour and a half so everyone is rushed off their feet with little to no sleep. Eventhough it's zero hours and you are contractually allowed to say no to hours, it's made clear that you will be fired without notice if you do, as the contract states they can do that. After speaking to ACAS I found out that your right to 11 hours rest in between shifts still applies, but when I raised this with my manager repeatedly I was ignored, and they continued to schedule me for shifts that allowed me only 5 or so hours rest, or clashed with my other job hours.

 

I did have a couple of family members warn me that it was not a nice hotel chain, that it was a dump in a terrible state of disrepair and that it housed a lot of refugees, and people waiting to get on the housing list. However in my other job I deal with people from all walks of life every day so that didn't bother me, and I thought that it can't be that bad because it's a really big name hotel chain. They promised me the hours would be flexible with my other job which was ideal, and after a long string of job interviews this was the only one I had been sucessful in. The reviews certainly are very poor with low customer satisfaction but I figured I'd try and make the best of it.

 

It's not an especially cheap hotel, customers usually pay £60-120 per night and having seen it now for myself there are a lot of health and safety concerns. For example fire extinguishers run over the test date on every single floor, smoke detectors hanging from wires, mould, limescale and damp throughout the rooms and broken furniture with bits hanging off them, doorhandles hanging off to the point where certain doors could not be opened in the event of a fire, bags of rubbish stored in corridoors, dirty toilet brushes on the floor and there's an entire floor that has warning signs due to it being uneven and dangerous to walk on but they still house guests there. All these problems and more are frequently complained about by guests on popular review sites, and some have uploaded photos showing off the most disgusting elements. Management ignores all the reviews, and continues to let the hotel fall into disrepair, having done absolutely no work on it since the 50s or 60s...and yet customers flock to it. The hotel is still popular and constantly over-booked, and we would turn customers away every saturday and sunday due to not being able to accomodate them, eventhough they had booked and paid. The staff take all the flack for things like that, whilst management hide out in the printing room ignoring the problems.

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A Couple of points from you last post.

 

1) Did you not think to ask what the pay and hours of work are at the interview ?

2) The 48 hr opt out is voluntary...you do not have to agree to it, and by signing the disclaimer you are allowing the employer to rota you on for more that 48hrs per week, but I stress it is your choice.

 

Having said that it would seem that the employer is short on cash flow, given all the problems that you describe. You are probably best out of that situation, and I hope you get the money that is due to you.

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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A Couple of points from you last post.

 

1) Did you not think to ask what the pay and hours of work are at the interview ?

2) The 48 hr opt out is voluntary...you do not have to agree to it, and by signing the disclaimer you are allowing the employer to rota you on for more that 48hrs per week, but I stress it is your choice.

 

Having said that it would seem that the employer is short on cash flow, given all the problems that you describe. You are probably best out of that situation, and I hope you get the money that is due to you.

 

Hi, sorry I did not clarify better.

 

At the end of the interview they told me was that it's a zero hour contract at minimum wage and offered me the job.

 

I was not too concerned about the zero hours because it was explained to me that if I did well there was a significant possibility of getting a proper contract from them, and that they are very open and flexible when it comes to issues like that. Of course after I took the job I realized this was all nonsense.

 

I had explained to the hotel from the outset that I have another job, which I am not willing to leave in exchange for a zero hour contract. They told me that was fine and was normal, and that most of their employees have second jobs. They repeatedly assured me that they would be flexible and work the hours around my other job.

 

I was optimistic about the possibility of getting a proper contract with the hotel, especially as my supervisors had commented how well I had picked up the role and complimented me repeatedly on my work. Within the first few weeks I had chased up this possibility several times, but it was made clear to me that they in fact would never offer anything other than 'zero' hours and according to my manager 'that's just the way it is'.

 

In order to get the job I had to sign their contract which meant waiving my rights to the 48 hour limit in the working time directive, it's part of their standard contract you have to accept if you want to work there it's not voluntary- if you want the job you have to sign it.

 

However, I didn't even mind working more than 48 hours a week. The problem was how they distributed the hours. Despite knowing my hours at my other job, the hotel was so inflexible with the hours they were putting me on the rota for, which often clashed with my other job hours, or allowed me insufficient rest in between shifts. They would often put the rota up only a day or two in advance and would timetable me on night shifts as well as day shifts straight after and vice versa with little to no rest in between, the longest shift I was allocated was 12 hours and the shortest was 8 hours.

Even when I had repeatedly objected and explained that I could not be in 2 places at once they would not take me off the rota, and they made it clear that they expected me to prioritize the hotel over my contracted job, which I just could not do as I would lose the more important job. If it came down to a choice between them, obviously I want to keep my contracted job as it is guaranteed work that offers security and staff perks that the hotel never would.

 

One time after working a night shift at the hotel I over slept because of being so tired, and was a little late for my contracted job and my boss was angry. He already knew I had taken a second job and when I explained to him that I only had 3 hours rest he was concerned and was the one who first advised me that he didn't think the hotel employer was acting correctly, which is what made me look into the working time directive and start questioning things more. I had never worked a job with zero hour/over 48 hour working terms before so was foolishly ignorant about it in hindsight.

 

Sorry for the long post but just a bit background on my other job and my reasons for taking on the hotel job. My contracted job is a supermarket chain I have been working for over 10 years, without progressing up the ladder beyond the traditional 'sales assistant' position. It's only slightly higher pay than the hotel, but I receive other perks and benefits as a long standing staff member. I like my boss and colleagues however I've become increasingly unhappy in this job. After suffering with depression and some episodes of self-harm my partner supported me through I am now getting counselling to help me cope, and trying to get into a job that is more fulfilling.

I have already reduced my hours in this job to help maintain a more balanced work and personal life which helped a bit, but I am still desperate to do something different. You would think that working for a company for 10 years and having so much experience in retail and customer service would be an advantage, but employers don't seem interested in loyalty, and some of the feedback I received from interviews suggests that they feel I still did not have enough experience in customer service, even though I have done this job since I was 17.

It's very frustrating to keep being rejected no matter what I do or what I apply for, I am always told I was a strong applicant but somebody else was stronger and ultimately I have never been good enough.

After being passed over for every other job I applied for, even ones in customer service, I took the hotel job thinking I would gain further experience in different areas of the customer service industry that would help me in future job hunting endevours and show me to be a bit more versatile.

I know a zero hour minimum wage contract was not ideal, but because of the promise of the hours being 'flexible' around my other job, the suggestion that I could progress to a real contract if my performance was good, and the fact that it never occurred to me that the hotel may not pay me, I took it. To be honest I was so happy to have been offered any job at all I probably would have signed most things.

 

However, as has become apparent ,the negatives far outweigh the benefits of working for the hotel.

I have still not been paid, and I have received no response to my letter before action as of yet. I sent a copy by email to the CEO which also went unanswered.

I was on my way to counselling today and did receive a phonecall from my ex-manager out of the blue asking me if I was sure I want to quit as I was doing so well. I asked about my wages, she apologized for repeatedly getting the pay dates wrong but still could not give me a date as to when/if I am going to be paid and seemed interested only in trying to get me to agree to come back today because apparently they need me. I found it really insulting that after ignoring my concerns for weeks she waits for me to quit and at the time makes a point of saying she knew I would quit anyway, and then has the audacity to ask me to come back and work hours that I may or may not ever be paid for. Somehow I stayed polite nonetheless and made it clear I was certain in my decision to leave and would not be returning.

 

I have been focusing on trying to pick up more hours at the supermarket to try and recoup some of the money I lost from the hotel job. It's not ideal as I still will not be paid for the supermarket job until the end of the month, and I'm still unhappy there, but at least they actually pay me which is what I need at the moment to avoid getting further into debt.

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The hotel has sent my wageslip, I have not yet been paid but supposedly it should happen this weekend, or next week if it happens at all.

Shockingly another frigg up that has now made things even worse for me.

They have filed my pay from the past month as if it's a weekly wage. HMRC now think I am earning £540 a week and consequently the dedications are all incorrect and are substantial. Student loans have also started taking repayments even though I earn nowhere near the threshold.

I also had an application for council tax reduction that I suspect will be affected and denied because of the incorrect information.

I spoke to student loans who have indicated that if my employer continues to be unhelpful I might have to wait until the end of the tax year to resolved any of this. It just gets better and better doesn't it.

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I'm afraid that hotels are notorious for this sort of thing and mostly they get away with it, purely because people don't know enough to be able to fight back. Have you never noticed how many foreign staff are employed in hotels? That's part of the game - workers from other countries are often grateful for jobs that we aren't grateful for! I'm not suggesting that we should be either - it's just that there are certain industries that have always routinely recruited in this way because it makes for a vulnerable workforce grateful just to have a job. That's why, wherever I stay in hotels, I always carry a supply of recruiting literature for a variety of appropriate unions - including the one I work for! I don't care which union they join, if only they would join one! We actually have, incredibly, a little group of Nepalese members who are the result of a stay I had in a hotel near Heathrow, when my friend and I met a Nepalese woman working on the restaurant who ended up teaching us some basic Nepalese over dinner - because we were flying to Nepal! Now she's a steward, three years later, and has recruited a great many workers from these sorts of chains, including many of her own countrymen and women. We're hoping to be able to send her for training to become a union organiser soon, which would lead to a full time role in the union. She's only 4 foot 11, and she inspires dread in hotel managers now. The Nepalese is coming along nicely too for the next time I visit!

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We actually have, incredibly, a little group of Nepalese members who are the result of a stay I had in a hotel near Heathrow, when my friend and I met a Nepalese woman working on the restaurant who ended up teaching us some basic Nepalese over dinner - because we were flying to Nepal! Now she's a steward, three years later, and has recruited a great many workers from these sorts of chains, including many of her own countrymen and women. We're hoping to be able to send her for training to become a union organiser soon, which would lead to a full time role in the union. She's only 4 foot 11, and she inspires dread in hotel managers now. The Nepalese is coming along nicely too for the next time I visit!

 

Sneak up behind the managers, and cry out "Ayo Gorkhali" :)

http://www.bbc.co.uk/programmes/b05xd44k

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Yes lots of foreign people and EU workers there, but also a fair few British too mostly youngsters who hate the job but need the money. Quite a few of them had left or tried to leave previously and been talked into returning there because they needed the job.

Nice to hear your story, Sangie, and that people are breaking out of that field and doing something more fulfilling.

I've never been part of a union myself although there have been times I wished I was, and after this will definitely be looking into it.

Perhaps that's part of the reason they hired me though, too. I'm as British as they come but I look distinctly foreign, people often ask where I'm from and I get all sorts of guesses. As soon as I open my mouth and they hear my accent they usually seem disappointed.

I initially had applied for a porter role at the hotel and been booked in for an interview, but on the day they told me there was no such vacancy. I was called back a few days later and offered a different role. From what I gather, somebody told the manager about me and that I had showed up looking for a job there. I have to wonder if it had something to do with seeing me in person and assuming I was foreign too.

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The cost depends on income. We have two standards of membership too- basic and enhanced, plus rates for unemployed people and apprentices. The GMB and TSSA accept general hotel staff too, but there are plenty of others - looking at job roles, for example managers, or caretakers.

 

The TUC have "union finder" here: https://worksmart.org.uk/tools/union-finder

 

Do you ever sleep?

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Finally got some of the pay I was promised, but have not been paid for all the hours worked.

Furthemore they claim that payroll filed it correctly under weekly and refused to contact HMRC to inform them as they claim there is no mistake and that my deductions are correct, which they are not. I certainly should not be paying anything towards student loans I don't earn even close to enough money to be repaying that.

How can they file a weekly payslip with no dates of my working there when in fact it's pay for the whole month not the week.

I have responding asking them to check again as I've not been paid for the right amount of hours, and furthermore the deductions ARE wrong. I daresay they won't bother to help, though, since they've made it clear they consider the matter closed and want nothing more to do with it.

Surely they have a legal obligation to file my payroll correctly and inform HMRC of any errors?

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Finally got some of the pay I was promised, but have not been paid for all the hours worked.

Furthemore they claim that payroll filed it correctly under weekly and refused to contact HMRC to inform them as they claim there is no mistake and that my deductions are correct, which they are not. I certainly should not be paying anything towards student loans I don't earn even close to enough money to be repaying that.

How can they file a weekly payslip with no dates of my working there when in fact it's pay for the whole month not the week.

I have responding asking them to check again as I've not been paid for the right amount of hours, and furthermore the deductions ARE wrong. I daresay they won't bother to help, though, since they've made it clear they consider the matter closed and want nothing more to do with it.

Surely they have a legal obligation to file my payroll correctly and inform HMRC of any errors?

Unfortunately, they do have a legal right to make mistakes! Which is what they will claim it is. And that gets them off the hook and leaves you having to sort it out. I don't think there's a lot you can do about it. But happy to be corrected by anyone who knows better - tax isn't my bag!

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