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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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Hi,

Would just like a little advice regarding my sons employer.

I will summarise

At the moment, my son gave notice to his employer as he had been accepted to the Army.

He wanted to work until he left but someone told the boss that he had been accepted.

 

my son called the boss on the Tuesday to give notice,

the boss told him not to come in again!...

boss has always been very tight and tried to get away with pay if he could!

 

he paid my son for 2 days that week even though my son wanted to work that week and the next before he left.

 

Is my son entitled to a full weeks notice pay and his week in hand (as that wasn't paid also)?

 

Before all that my son was an apprentice with the company,

the boss refused to pay his college day which i believe he legally had to...

my son had to finish college as they said he couldnt continue as the boss was not paying for that college day...

so apprenticeship ruined.

 

I considered informing HMRC at this stage but my son didnt want me to and i respected his word on that.

 

But now, i am angry that the boss can get away with this..i want to approach it correctly.

 

Any advice welcome

Thank you.

 

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Hmmm. Now this one is potentially very interesting. 

 

On a very basic level, and assuming that he had less than two years service, then yes - he is entitled to a full weeks notice pay (assuming that contractual notice isn't more), plus his week in hand, PLUS holiday pay owed (if there is any).

 

However, at a more complex level (which he may or may not wish to pursue, but the threat may be useful) an employer who enters into an apprenticeship agreement is legally bound to that agreement in full. Apprenticeship agreements are not like normal employment contracts. So your son has the option to also sue for the damages caused by that breach of contract plus, of course, any deductions the employer made (if he wasn't paid for example). Apprenticeship agreements can only be terminated in very limited circumstances, and not wanting to pay the college isn't one of them. 

 

I would suggest that he sends a letter before action, warning the employer that he has taken advice, and that he is owed £xxx for pay until.... (And just for the hell of it, put in a claim for the full notice he gave! ); plus £xxxx for the week in hand; plus holiday pay off £xxx (PLUS, if you really want to push the threat, £xxx for deductions and losses from the breach of contract with regard to the apprenticeship, plus £xxx damages for breach of contract over the apprenticeship), and that he has 21 days to pay in full or immediate legal action will begin without further notice, at which point legal and other fees will be added to the costs to the employer. 

 

If that doesn't shake loose at least the amount he's owed, put in a tribunal claim for it - you'll need to go via ACAS conciliation, but it's all free. 

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Does your son have a copy of an apprenticeship agreement signed by his employer and the college?

 

If so, what does it say?

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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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Posted (edited)

Hi, thank you for your replies. Yes he would have an agreement and a contract from the employer. He did his foundation year for plumbing in college and then went onto his apprenticeship. After about 8 months of his apprenticeship, the college discovered that he wasn't being paid for his college day. They then asked the employer to pay as he was legally bound to. The employer refused and so the college told my son that he could no longer attend due to this. The employer then employed my son basically as a labourer on a contract. My son took this at the time as he knew he wanted to go to the Army in due course. I did not stir it with the employer as my son was worried about losing his job (which would probably have happened knowing the employer). I have had to bite my tongue for a long time! I just feel very aggrieved that he has treated my son this way.

Edited by paulie100
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I totally understand that you feel aggrieved. But does he? Because your aren't suggesting that he does. He is, quite literally, going to have to fight his own battles now. What does he want to do? 

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Hello,

 

he may be out of time for a claim on his apprenticeship,  depending on when he moved from apprentice to labourer. I think it might be a breach of contract from the employer's side. How long ago was that please?

 

If your son gave more notice than he had to, then the company can counter with a shorter notice period; so he may not be as many days out of pocket as you first think. Although I doubt they documented it properly from what you say!

 

Ultimeately I think this may come down to "does your son want the hassle?"

 

It's a relatively cheap lesson learned on the way to his proper career.

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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 all, i think you may be right guys, i dropped him off at Catterick yesterday for the start of his training, and will just let him move on now. I was more aggrieved than him yes, so I will let it lie, and I'm sure he will learn from it. I'm sure the employer will come unstuck one day. Thank you all.

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As much as we detest injustice your son is now better off out of it so trying to fight this battle from a distance will be difficult. Being in the army is actually a good way of saving money even though the pay isnt fantastic because you dont have to spend much on day to day living.

He can still drop employer in it with HMRC if he feels like it. employer gets paid by govt for apprentices so you can bet they will be interested to know employer has trousered their investment.

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It's not as easy to save in the Armed Forces as it was.  There are daily charges for accommodation, utilities and a monthly charge called CILOCT - Contribution in Lieu of Council Tax. Then there is food - since the introduction of Pay As You Dine the cost of eating has generally risen, unless individuals stick to the Core Meal, which is cheap, but usually dire.  However, it's still cheaper than living alone in the civilian world. For many young soldiers this will be the first time they have had a decent disposable income, and my experience is that many of them become expert at disposing of it!  Most recruits earn around £15k when they start.

 

There's some useful advice about saving in the Forces at https://www.moneyforce.org.uk/Managing-money/Save-and-invest

 

In terms of the apprenticeship issue, I think I can assure you that for the first few months of his Army career, your son will be too busy to think much about it!

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effing typical of recent govts, they insist on trainee nurses beoming undergraduates and charge them for doing so and  like this wonder why people dont want to join up.

I must admit that I preferred the rat packs to the cooked food we were served, others thought I was weird but they liked motorway food so pot and kettle

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