sheepofdestiny

[SHEEPOFDESTINY]

Im new to the forum so would like to first say hello to everyone. My query is that I worked for a caring company for one week and then found a better job but the caring company have not paid me for the week that I worked. I did offer to work the following week router but they said it wasnt necessary. This was about 3 months ago. Any advice would be appreciated.

[des8]

Re: sheepofdestiny

Hi and Welcome.
Whilst not up on employment law I would think your ex employers are contravening the Employment Rights Act 1996,
Hopefully someone will be along to advise more fully, but I should think the first step will be recorded letter requesting payment of outstanding wages (including holiday pay?), and mentioning the Act.

[SHEEPOFDESTINY]

Re: sheepofdestiny

Thank you for your reply very helpful.

[teaboy2]

Re: sheepofdestiny

Yes they are indeed in breach of section 13 of the employment rights act 1996 which covers unlawful deductions or withholding of wages.

Now bear in mind that for each day you worked their, you also incurred holiday entitlement. So divide your annual holiday entitlement by 52 weeks to find out what holiday entitlement in days you are owed for working that one week too. For example, if your entitlement was 28 days per year then 28 / 52 = 0.54 (just over half a days holiday entitlement).

Write to the employer a "formal letter before action" (title the letter as such) and inform them if they do not pay you £x.xx amount due along with any taxes and NI payable deducted and paid to HMRC (for which you will be checking) and pay you for the 0.54 (enter your actual holiday entitlement here instead of 0.54) for accured holiday during the 1 week you worked for the company. Then you will begin civil court action against them, along with reporting the to HMRC for failure to meet their obligation to pay national minimum wage, as they have effectively paid you 0 for every hour you worked, instead of your contracted hourly rate!

The bit i mentioned about national minimum wage is only meant as extra ammo for you to throw at them, as failure to pay national minimum wage can result in a fine of up to £5,000 and criminal conviction! Though it is HMRC that prosecutes those that fail to pay national minimum wage. Though your best course, especially if your hourly rate was more than the national minimum is to take the issue to civil court, should they fail to pay up after receiving your letter. Make sure you send the letter recorded delivery, so then they will have to sign for it when its delivered and as such you will have proof they received it!

If you need help working out what amount is owed to you then gives us a shout!