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Good morning everyone. employment advice needed please.

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  • Good morning everyone. employment advice needed please.

    I'm in great need of advice on employment issue that one of my relatives has. Him dose not speak English and I try to help him recover some money from his ex employer.
    The things are as fallows.
    One of (V) friends who works here in UK for a small company ask him if is interested to come in London and work in construction.Then the company director call him and arranged the details of the employment.
    The agreement was to employ him with a contract and the payment of 1300 pounds will be made on a monthly basis.The employee( V ) will pay for all of of his own expenses except the rent (all employees where sleeping on the mattresses on the sites that they work). The employer sent him money for the ticket to UK. After arriving here the employer ask V for his passport with the excuse that he needs to make his work contract, and didn't returned back until the day V left back in Romania.
    The employee ( A ) has a small construction company and brings workers from Romania he does not pay them as per arrangements and dint make work contracts for any person that work for him.
    My questions are.
    1 Does he has any chance in a employment tribunal to recover his money?????
    2 Where can V complain against the employer.
    3 Can we find free help if V decides to take the claim to the employment tribunal?
    Any advice is appreciated as at the moment V is nearly homeless, no job no money!
    Tags: None

  • #2
    Re: Good morning everyone. employment advice needed please.

    How long did V work for A ?

    The employer A contacted V who was living in Romania, paid for his ticket to the UK, confiscated his passport, made him sleep on a mattress on site, didn't pay him ( at all or as agreed?) and then V returned to Romania ( was he due to return, fixed term employment? etc )

    It sounds like the employer A is employing people illegally, getting people over from Romania, confiscating passports to ensure they work, then not paying them porperly - it is often a sign that other illegalities are going on within the business and they should be investigated. Work permits/visas, Tax and National Insurance, Accommodation, safety issues to begin with. ''Employees who are working under illegal employment contracts, for example, working without a necessary work permit or without paying tax, cannot bring unfair dismissal claims if their employment is terminated. '' https://www.gov.uk/report-immigration-crime

    An employment contract isn't required by law, but a statement of terms is required to be given to the employee within 2 months of starting work. The employment contract is made up of representations the employer made, so that he would pay £1300 a month for X hours work etc.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    Comment


    • #3
      Re: Good morning everyone. employment advice needed please.

      Hi, V work for A 3 months and 4 days.
      V has a ACAS certificate and is thinking to open a court claim but he does t know if it has any chance.

      Comment


      • #4
        Re: Good morning everyone. employment advice needed please.

        On the basis of not being paid the amount agreed ?

        It would have to go through ACAS mediation first, what did ACAS make of the situation ?
        “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          Re: Good morning everyone. employment advice needed please.

          Yes, on the basis that A didn't paid V the right amount . A paid V partial, very late and only after V insisted and request for his money hundred of times
          V contacted ACAS and ACAS conciliate the matter but without good results. A requested from V invoices for all the work that V has done for him. V cant give A any invoices as V didn't work as self-employed. V dos not have self-employed documents and their agreement was that V will be EMPLOYED not SELF-EMPLOYED. A clearly knows that V dose not have the right documents to work as self-employed .ACAS give V certificate for court. At the moment we can file a court claim but we don t know it we have chances to a positive outcome.

          Comment


          • #6
            Re: Good morning everyone. employment advice needed please.

            How many hours a week did V work ? How much did A pay V ? Should have been approx £300 a week ?
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #7
              Re: Good morning everyone. employment advice needed please.

              V was working 6 days a week from 7 am to 7 up to 11 pm for 50 pounds a day.

              Comment


              • #8
                Re: Good morning everyone. employment advice needed please.

                Okay so breaches of minimum wage rules as well then. ( unless V happens to be under 18 )
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  Re: Good morning everyone. employment advice needed please.

                  V is 43 years old.

                  Comment


                  • #10
                    Re: Good morning everyone. employment advice needed please.

                    Any idea where is best to make the claim? employment court or small claims court?
                    Any organization that can help V with claim writing application?

                    Comment


                    • #11
                      Re: Good morning everyone. employment advice needed please.

                      How much is he claiming?
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Re: Good morning everyone. employment advice needed please.

                        1300 pounds

                        Comment

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