Some advice about unpaid wages claim needed please

[Neil307812]

Hi everyone,

When I left my previous employer they owed me a lot of money. I wrote to them asking for it, stating my intent to start legal proceedings if they failed to pay. They ignored it so I started an ETS claim. Case was accepted and date set for end of June. My ex-employer has now written to me offering what I was originally saying they owed me.

However, I also didn't have a written contract with them. I'd worked there for over 2 years and asked for a contract on several occasions. I've been told by a friend of a friend that I could be awarded extra compensation by the ETS for this, as much as 4 weeks of pay. Which would increase my award by about 150%.

Is this true and how likely is it they would do that? I did mention the lack of contract on the ET1 form.

[TUTTSI]

Re: Some advice about unpaid wages claim needed please

I am not sure about the extra 4 weeks as compensation (others more knowledgable will advise), but they may have broken employment law by not providng you with a contract of employment. Not sure what penalty that is but that needs to be followed through.

http://www.direct.gov.uk/en/Employme...ions/index.htm

Employment contracts


All employees have an employment contract with their employer, although it might not be in writing. If you don’t have a written employment contract, your contract would have automatically been created when you started to work for your employer.
What is an employment contract?

An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms' of the contract.

Your employment contract doesn’t have to be in writing. However, you are entitled to a written statement of your main employment terms within two months of starting work.
The employment contract is made as soon as you accept a job offer. If you start work it will show that you accepted the job on the terms offered by the employer, even if you don’t know what they are. Having a written contract could cut out disputes with your employer at a later date, and will help you understand your employment rights.
You and your employer are bound to the employment contract until it ends (usually by giving notice) or until the terms are changed (usually in an agreement between you and your employer).

• The terms of a contract

• Notice pay

• Changes to employment terms

Terms of an employment contract

The terms of your employment contract could be of several different types, some of which do not need to be written down. You should be aware of what the terms of your employment contract are, so that you understand some of your employment rights.

• Employment contract terms

Written statement of employment particulars

If you are an employee who has been working for your employer for longer than one month, you have the right to receive a written statement of employment particulars. This must be provided by your employer within two months of you starting, even if you are going to work for them for less than two months. The written statement will set out some of your main employment rights.

• Written statement of employment particulars

[newton abbot solicitor]

Re: Some advice about unpaid wages claim needed please

Yesunder Employment law you should have been given a statement of terms of service within 2 months of starting work. compensation is 2-4 weeks pay (although this is capped).