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Shelley181146

National Minimum Wage and other unpaid issues

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Worked a little over 2 months driving for a haulage company to gain sufficient experience so as to drive for a professional organisation after two years. 

 

Was advised at interview would be paid salary divided by 52 weeks - no hours discussed, you finished when the job was complete. Was not provided a Statement of Employment at all.

 

Regularly told (text messages saved) to put tacho on break whilst unloading (illegal)

Own PPE equipment provided

No formal training provided

 

Owner was medically retired Class 1 driver, who set up his small haulage company with spouse as joint director (Finance/accountant)  He advised it 'wasn't working out because I requested an emergency day off' and sacked me when I returned to the yard. Yes, it was that straight forward - he was a bully and had no regard for his own H&S never mind his employees!

 

Was not paid oustanding holiday pay Not paid Stautory Notice Pay

 

Having calculated totals hours, appeared to be paid below National Minimum Wage. Liaised with ACAS for advise, they agreed there was a NMW potential claim and passed details onto HMRC at my request.

Was advised by ACAS that I could request their assistance in an early concilliation process to claim other monies, outside of the NMW, which I agreed to. However, ACAS advised they could not repeat the employers response (obnoxious bully) so they were issuing the certificate so that I could commence proceedings via an Employment Tribunal.

 

Moving forward, HMRC were provided all documentation, my spreadsheet of daily runs, tacho print outs, pay slips etc to aifd their investigations. The employer 'finally' agreed to meet them. In the meantime, I have commenced Employment Tribunal Claim, however, I did include an amount for the NMW because I had not received any response from HMRC, who had not returned my phone calls. I fully intended to amend my claim nearer the time, if at some point I received any correspondence from HMRC regarding the NMW, but I needed toensure my claim was submitted before the deadline of 3 months less 1 day.

 

Now the HMRC clerk who took this matter on has written out to me saying that the employers records show I had worked less hours (bearing in mind I provided all tacho printouts) she had totalled up salary paid and advises that there is no claim for NMW. She has made mistakes in the annual leave time taken, which I have pointed out to her today when she called but she was very abrupt about the employer having received what he thinks is a letter from ACAS advising him that I am taking him to court. (Numpty!!!)

 

The HMRC lady involved refuses to provide any information to myself regarding her visit to the employer, and until I retract my claim in respect to the NMW in the tribunal documents will not discuss anything further.

I have asked that she liaises with ACAS to share the information with them, but she advises that they do not share information and will not take my case further until I decide how I wish to proceed with my tribunal case.

 

I am not looking to gain 2 bites from the same cherry, I was merely ensuring that I did not miss my tribunal claim deadline date, and fully intended to amend the claim figures once I had received further information following her visit to the employer.

 

I have utilised the Gov website to calculate outstanding holiday pay, so feel that will be correctly calculated. I have been advised by ACAS that I can claim 1 weeks pay for non payment of Statutory Notice Pay and as he failed to provide Statement of Employment I am eligible to claim 2-4 weeks salary which is what I have done.

 

If I have permitted HMRC to investigate this matter on my behalf, why are they not sharing the data so as to help my tribunal claim? If not share it with ACAS as an intermediary advisor  This is not a huge claim, and I am not proceeding with this just for the monetary value. I will be involving DVSA, H&S Exec etc to ensure that his outfit is either heavily restrained to work within the regulatory guidelines, or shhut down to prevent serious if not fatal incidents in the future.

 

Does anyone have any guidance or legal issues I may have not covered to suggest which may help my claim, as I also have other on-going tribunal matters to deal with with other organisations and I would like to get this down as accurately as possible to present to the tribunal? Thanks in advance.

 

 

 

 


Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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you have not permitted HMRC to investigate on your behalf, you informed them  about a likely  problem and they are makingnthier own investigations that are nothing to do with your Tribunal claim.

Your claim will stand or fall on how the panel view your reliability as a witness.

HMRC can only use the paperwork you have given them (i hope you have copies of everything inc the tacho readings) and may then use the decision of the tribunal to decide upon the veracity of the witnesses they may call upon if the company doesnt cough.

 

stick to your claim and worry about HMRC if they contact you afterwards

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