New employer lying repeatedly

[Beagle]

I'm new here thank you for having me.

I need some advice about a new job that has really wasted my time and stressed me and what I can do about current issues and also should potential further problems arise? I need advice on the following points and full story is below.

1. Can I request the cost of a dbs check back if an employer promised work at the end of it but provided little?

2. Can I dispute pay in an employment contract if I've already signed it? What if I can prove the job advert I replied to showed it was more?

3. Can employers hold onto my photos after I leave and how do I ask them to send them back or destroy them?

4. Can employers deduct monies from my salary if I don't return my ID badge?

5. Can employers deduct my salary of I don't return unused PPE?

6. Can I request some compensation equal to pay for time wasted attending training for a job when they had no jobs available?

7. Can I request the difference back if I paid the employer for a dbs check and later found an actual check cost less than they charged me?

8. What further action can I take if my employer doesn't pay me the full correct amount for the work I did do? I would prefer not to take the court action route as the pay would be very little and the cost and stress of court not worth it, but surely I can't let them get away with this either so I want to fight for my full pay if they try to reduce it somehow which I believe they will likely do.

Mostly however I'm just so upset at the lies, they wasted so much of my time and I put so much excitement into this new job that was all a lie, I can't believe they scammed me and shouldn't be allowed to treat people like this. I spent hours upon hours in training at their offices and at home and passed up other employment opportunities and even neglected housework and other family commitments trying to get the training compete.

Full story, I was out of work for 1 month and desperately looking for a new job sending my CV to almost any ads on jobsites that I felt I could do, an ad replied in April and said they are recruiting for carers no experience needed full training provided, I was excited as it sounded like rewarding work helping people and with a legit company.

I attended the interview where he told me I would be required to make home visits local to my area and help elderly with tasks, I was told its subject to an enhanced dbs check and that I would have to pay for the dbs. I was fine with that as long as I'd get the job and could make the money back, I was now unemployed and have no money saved and struggling to make ends meet as it is so didn't want to pay for a job I wouldn't get, but he assured me if I passed the dbs and attend training that they had lots of work available in my area and I would get clients immediately.

I attended the training at their offices along with some other applicants. It was unpaid and took me an hr to travel there and an hr back plus my fare. I was fine with it as it guaranteed work at the end of it. We studied all week then given more materials for e-learning. The recruitment process was intensive and alot more study than they said as we got booklets and sheets to take home to complete and the e-learning itself was hours and hours months worth. I stayed up night after night and completed enough to pass through the next stage and was told to complete the rest later as some learning was ongoing, they gave bank details and amount to pay the dbs. I paid it and it came back fine as I'd known it would.

He then called and said they will let me know when they had work as no current clients available! Sensing my disbelief they offered me a couple hours work a week with a local client of another carer who has been with them for some time, clearly to appease me so I wouldn't leave. One of the girls at the training also living in my local area is still waiting for work and others don't have work either. I realised what they were doing was trying to get staff on standby incase work came in, but that's not what I was told and they wasted so much of my time. During that month I had stopped looking for work and other employers had responded after but I had ignored them because I was training for this job.

I went to the office to sign the employment contract and idiot me just glanced at it didn't read it properly and signed it. As I was waiting for the other lady to get the PPE which they have to provide their employees I started reading the contract in front of me for lack of anything else to do as I waited. I then noticed they had put down 9.50 as the wage! That's the minimum wage not the wage I applied for, they confirmed many times throughout the process when applicants asked that the starting wage was the higher one, still low but they said it increased later on with experience. I asked immediately about this and she explained that they will have some workshops we will have to attend the office for and that's the rate of pay for the further training workshops once in work, but that I will get the higher rate for the work itself so not to worry, I felt silly asking.

But once I left and got home I read it again and it literally says 9.50 is the salary and doesn't state the said rate anywhere. I sent email asking if they can send something in writing confirming what she told me in the office that the actual wage is the higher one but received no response. On phone ws told they will get back to me on that but still nothing.

Also upon reading the contract properly I couldn't believe what I was seeing, it stated I couldn't work for anyone else and if I did I couldn't without them knowing and approving, and also that they didn't have to provide me any work at all! I know I'm a total idiot for not reading before signing it but I've done it and can't take that back now.

One stroke of luck was that if employed under a month I could leave with 1 day notice, and if over a month 1 week notice, so I decided no way I can get trapped in this and have finally given my notice. They wrote back asking for a reason and to return the ID badge and PPE, but the offices are far and I don't want to spend any more time money on these frauds I've been scammed enough already. I could ask for an SAE to return the stuff but that's it, could they deduct my already measly pay?

Over 3 weeks i've worked a total of 6hrs, all at different times, but in actual fact spent longer leaving as its alot of work for 1 hour and took me longer to finish. To make it worse they refused to give me the care certificate I was told would be awarded after training or on completion of the certificate element of the e-learning. They told me it's a longer process and I would have to be assessed first etc, but that's not what I was told and they can still award me the e-learning element of the certificate but didn't.

When coming in to sign the contract they had also asked me to bring in 2 passport photographs, I went and paid to have them taken then gave them, I assumed 1 was for the ID and 1 for my file, but the ID one is scanned and printed on paper, also I now don't recall signing anything requiring photos so feel uncomfortable them holding my pictures given their dishonesty and not knowing why they would need 2 photos, I know I should have said no but I didn't and now regret it and don't want them holding my photos, how do I request they destroy them or send them back? My contract doesn't state anything about them having my photos.

[ULA]

It sounds like you have had a diffcult time with this employer. In answer to your questions:

1. Can I request the cost of a dbs check back if an employer promised work at the end of it but provided little?

From what you have said they made it clear you would need to pay for the DBS check. A lot of employers do pay for a DBS check if needed but there is no law, that I am aware of, that requires them to do so, therefore I an not sure there is anything you can do about this.

2. Can I dispute pay in an employment contract if I've already signed it? What if I can prove the job advert I replied to showed it was more?

Unfortunately you signed the contract which stated the rate of pay you were being offered for the role. If you wanted to dispute what you were bein paif then you should have done so at the time and before signing.

3. Can employers hold onto my photos after I leave and how do I ask them to send them back or destroy them?

I would ask to have them sent back to you as that is safer even if you need to send an SAE.

4. Can employers deduct monies from my salary if I don't return my ID badge?

What does it state in your contract regarding this? If it has such a clause that allows for deduction from salary if these items are not returned then yes they can.

5. Can employers deduct my salary of I don't return unused PPE?

See answer to 4, its the same principle.

6. Can I request some compensation equal to pay for time wasted attending training for a job when they had no jobs available?

What was said about attending training prior to you being given work. Was this expected to be done unpaid? Again this may be set out in the contract. You may be able to tie this in with my response to point 8, if this initial training was something they agreed to pay wages for you to undertake.

7. Can I request the difference back if I paid the employer for a dbs check and later found an actual check cost less than they charged me?

Employers have to use an organisation through which to get a DBS check, so there is the standard fee charged by the government, depending on the level of DBS required, then there is the fee that the organisation will charge the employer for processing, checking and sending off the application. Organisation will each charge their own rate in addition to the government fee so unless you know what organisation they used it may be difficult for to see if what you paid was correct, given what I have set out.

8. What further action can I take if my employer doesn't pay me the full correct amount for the work I did do? I would prefer not to take the court action route as the pay would be very little and the cost and stress of court not worth it, but surely I can't let them get away with this either so I want to fight for my full pay if they try to reduce it somehow which I believe they will likely do.

If you do not get paid for the actual work you did at the rate of pay set out in your contract then firstly I would try and resolve it with them directly. If this is not successful then you can start the process of making an Employment Tribunal claim for unlawful deduction of wages (the legal term). This is done by submitting an Early Conciliation form to ACAS. I can take you through the detail of that is it is required.


I hope the information is helpful, although I appreciate some of my answers may not be what you would like to read.

[Beagle]

Yes very helpful! Thank you
Correction to my post, after 1 month its 4 weeks notice I'd have to give not 1.

1. He did make it clear I would pay but also I made it clear I could only pay if they had work in my area ready and available so I could earn it back quickly if successful, he told me lots of work available and that was untrue. I wouldn't have paid for anything if I knew they didn't have the work but they said they did so I feel I paid for something which they didn't provide, as in I received the dbs but not the job that I paid the dbs for.

3. So true, definitely safer it's what I'll try first.

4/5. I signed lots of forms asides from the employment contract so much that I can't remember all of them they always seemed to bring more to sign I've never seen so many forms. But I don't recall anything specifically about an ID badge or returning anything just about that they will provide us with the PPE required for the job.

6. There is nothing in the contract about the training we did prior to getting the job. But the job listing did specify training. They also said verbally that future training would be paid but not the one we were doing as its a part of the recruitment process. I was told that if successful there is plenty of work ready and waiting which is the only reason I took out so much time for this unpaid job training but did not get the work promised so I feel cheated. They took so much of my time and energy but gave nothing they have no jobs. So even though I did the unpaid training willingly I did it for the job which was not provided.

8. Thanks for this info it's very helpful! Will update if it gets to that but I hope not. I barely worked and earned anything much just pocket change so I hope they pay it without issue but if not I'm determined not to let them take a penny that I've earned especially after they have behaved, unprofessional and dishonest.

[ULA]

in response back.

1. It's a bit of he said you said and that is not an easy one to argue and get a positive result on.

4/5. Do you have copies of all the other documents you signed? If not then either ask for them now, or wait and see of they try to make deductions for the non return of these items and then ask them to prove that you agreed to this.

6. If they stated that training prior was not being paid, then unfortunately even though you did it on the basis of being told work would be provided, I am not sure how you can enforce payment.

8. I really hope that they pay you what you are owed and that you can turn your energy to finding a job with an employer who treats their staff better than you have have been with this organisation.