Unscrupulous employer

[davidrichards27]

Dear all

I am seeking some advice about a seriously unstable former employer who, after an extremely short period of time ( 2 weeks) left me with no alternative but to resign as he would not fulfil hos part of the offer made ( provide a car, laptop and phone), and when I challenge him regarding my unpaid salary he makes unfounded,* derogatory and disgusting defamatory allegations.*

I* lost as to what to do and would like some guidance and advice.*

Currently, I am on a zero hours contract and cannot afford legal representation, where as he is making threats about seeing a solicitor about my alleged 'behaviour'.



I am deeply troubled and would welcome any comments and feedback as soon as possible. Many thanks

David

[ULA]

Re: Unscrupulous employer

So from your post are you owed 2 weeks wages?

I would suggest that in the first instance you put in writing a request to pay you at the agreed rate of pay (details what you believe that to be gross) for the two weeks work that you undertook for him. Give him a timescale say 5 working days in which to confirm back to you that he will be making the payment.

[davidrichards27]

Re: Unscrupulous employer

Thanks for the response.
I have written to him about this and he is flatly refusing to pay me. This is when he started making strange and slanderous allegations and he is even ignoring ACAS when they have tried to make contact.

Can I just issue a claim in the small claims court for the mine?
I am now on a zero hours contract so I guess I would qualify for feel remission?

Any further comments/advice would be welcome, especially if anyone has any legal training in this area and would be willing to help me pro bona.

Thanks
David

[ULA]

Re: Unscrupulous employer

Did you have a contract or some written evidence of what your wages and benefits package was going to be?

If you want to pursue the payment of your salary, I would suggest that since you are already in contact with ACAS that you consider making an Employment Tribunal (ET) claim as you no longer have to pay fees to make this type of claim

Any claim to the employment tribunal must be made within three months less one day of the breach. You will need to be able to prove:

1. you were a worker
2. the money you are owed is something you can claim for in the ET i.e. salary
3. you’re entitled to the money you're claiming. You will need to prove you worked the hours and weren’t paid for them
4. your employer did not have a legal right to withhold your pay.
   

Paperwork is always useful in these circumstances e.g. time sheets, bank statements that prove your salary was never paid.

If you are certain that you want to make an ET claim then you should fill in an Early Conciliation Notification form in the first instance. I have provided a link below to the details on this.

http://www.acas.org.uk/index.aspx?articleid=4028

[davidrichards27]

Re: Unscrupulous employer

Thank you for your response. I will await the ACAS person to try resolve it, if not then I will have to go to tribunal. Is it true I don't need to pay ANY fees? I have a contract and an email stating he is refusing to pay me. I guess this would make it an easy claim?

[ULA]

Re: Unscrupulous employer

There is no longer a requirement to pay a fee to make a claim to the Employment Tribunal or the Employment Appeals Tribunal. This was confirmed on July 26th 2017 by the Supreme Court which declared unlawful the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013.

I would always advise that if you can resolve this via the Early Reconciliation process then that is far better than actually having to go to an ET.

[davidrichards27]

Re: Unscrupulous employer

This 'loser' who tried employing me has made it clear to me that he has absolutely NO intention of paying me what I am legally entitled to.

I know that an ET will take ages to get heard, however, I have been advised that I can make a claim directly in the Small Claims Court and would like to do this.
I know I can submit the claim.online, and as I am on a zero hours contract, I should qualify for fee remission.

I am wondering if the case would be dealt with by email submissions? My big problem is the nearest Court is 30 miles away and I have no transport and with a very limited income cannot afford public transport.

If anyone can offer any advice I would be most grateful.

Thank you all
David

[ULA]

Re: Unscrupulous employer

Unfortunately you can’t use the online service Money Claim Onlineif you need help to pay the court fee because you’re on a low income or certain benefits you will need to apply by post so that your eligibility for help with fees can be assessed.