Wages Not Paid

[presario05]

Hi All
Please can someone help/advise me.
My son is 17yrs and went through the college for a apprenticeship. He had an interview at a company and then did a days trial. He was then offered the position throught the college to which he accepted.
He's now on his 4th week with this company and at no time did they ask him for his payment details. So during this 4th week of work I asked him to ask about pay and he was told he would be back paid 2 wks this week.
However other things there came to light and he decided after speaking with the college of his concerns to resign.

During his time there, he was sent home from work because the boss became ill, and then after 1 week the company due to illness said dont return for another week.

We've been informed as the company kept putting off the college from going in to do the H&S check and signing him on to the apprenticeship, that monies owed now need to be paid at minimum wage of 3.87 and also the time he was told not to come to work due to illness he should get paid for.

Acas has confirmed this is right and asked us to send in a letter of grievance as he did receive a payment last week but for 60.64 only to which doesn't even cover the 1st week he worked. The college has asked for us to wait to see what they can find out but whilst this is going on we've been informed by acas to send a letter in via recorded mail as if this needs to go to a tribunal we can provide a paper trail. Also said to put what he has already been paid and what he should have been paid and also to put down the amount of money owed when they said not to come in due to them being ill.

However I haven't got a clue how to start this letter and really need help.

Please can some one assist. All I want is what my son is owed.

Thank you for listening

(Ps my son I found out was working in a room sawing wood on a machine with no ventilation at all. The lights from the ceiling were hanging down, and there were trip hazards in a room where machinery was and boxes stacked on high up beams and the big one the fire exit door blocked - I have evidence to back this up)

[judgemental24]

Re: Wages Not Paid

First question

When he applied and was accepted for the job

Had he finished his apprenticeship and signed off by the college or was he still an apprentice?

[presario05]

Re: Wages Not Paid

First question

When he applied and was accepted for the job

Had he finished his apprenticeship and signed off by the college or was he still an apprentice?

Hi
Yes he applied for the job. Had a days trial and then offered the job and was accepted.
However the apprenticeship hadn't even kicked in, because they kept putting the college off coming in, so this is why they have to by law pay him the minimum wage and not an apprenticeship wage. The college is trying to sort the wages owed for us, but In case they don't I need to put together a letter to send off by recorded post.
We have worked out that as he could work but due to illness by the boss told not to come in for 1 week and 2 days of his 4 weeks he had been there, that all together he is owed approx. £428.00.
I just need help writing out a grievance letter to have a paper trail.
Thank you

[judgemental24]

Re: Wages Not Paid

Is he still technically employed by this company, has he resigned??

Sorry for the 20 questions but need to be sure

[presario05]

Re: Wages Not Paid

We spoke with the college on Tuesday and informed them he was resigning at night and they backed us. He resigned on Tuesday of this week at 8pm at night.

[judgemental24]

Re: Wages Not Paid

Resigning without notice before the grievance went is is not advised but not to worry

This now has to be handled as a letter before action

He cannot do a grievance if his contract of employment has been terminated

You need to state at the top of the Letter

14 DAY Letter Before Action

You need to say you were employed from xyz to xyz date

State despite repeated requests your salary has not been paid to the tune of xyz in contravention of your contract of employment

You need to state that you will be submitting a claim under section 13 Employment Rights Act 1996 to the Employment Tribunal Service for unlawful deductin of wages. As that is a protected right no qualifying period of employment is required

send by email if you can and recorded delivery

Try and do a draft yourself and post it up minus identifyng bits so you understand it. I will help then advise with any amendments if needed

[presario05]

Re: Wages Not Paid

Thank you - this is a big help.

I will draft it up later tonight and upload tomorrow for you to proof read.

I've also done a spread sheet of the time etc to prove what is owed and thinking this should accompany the letter?

[judgemental24]

Re: Wages Not Paid

Yes include the spread sheet

He is entltled to be paid his contracted rate even if the employer sent him home

[presario05]

Re: Wages Not Paid

So the college sent a letter on our behalf and clearly stated they were breaking the law not paying for the hour when he was able to work but sent home due to bosses husband in hospital so we have now sent in our letter titled 14 days letter before action and enclosed spread sheet and referred to college letter with no response and sent a copy too.
However I seriously don't believe she will pay or respond to the letter, and unsure then what to do as I've threatened employment tribunal but been informed will cost son approx 400 to apply and he's not earning yet so no money coming in and only 17 so cannot claim and also says that you need to do early consolidation if that's right word through acas.
Would a solicitor be able to help if he's no fund I. E. Legal aid
Really want him to carry out threat as we've been told by acas and college he should have been paid during period send home and also for a trials day work he did before he started.
Help please

[matt3942]

Re: Wages Not Paid

My biggest concern is that a health and safety assessment had not been carried out at the employer's workplace prior to your son commencing. In this respect the college has fallen short of the required standard.

It'll be interesting to see if your son gets paid at the NMW for his age band, rather than for apprentices. IMO the employer can argue that the Apprenticeship had commenced even though the college hadn't completed/submitted the necessary documentation.

Regardless your son is owed payment for the hours he worked and you should press on with your claim.

Please do keep us posted.

- Matt

[judgemental24]

Re: Wages Not Paid

Your son can claim fee remission from the court for an Employment Tribunal if on benefits or a low wage

Watch the clock, you only have three months less one day to make the claim from cause of action