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Employer didn't pay my wages

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  • Employer didn't pay my wages

    I was an employee in a pub in Oxford.
    It was a job with acommodation. I was initially on 2 weeks probation period, after two weeks I was told by manager they need to stretch up my probation period to one more week,as my performance was not satisfactionary.
    Next week, I received positive performance review, however next week I was told that I do not meet their expectations and was told to leave within 3 days.
    I wasn't given any documents, I asked at the beginning about the employement contract- I was told I will be given it after probation period.
    I had to leave, I was told to leave my bank details and I will be paid by the end of the month (within 3 days). By the end of the month I did not receive any payment. When I asked the manager I was told I should be paid within the next week - 'she does not handle the payments so it's as much information as she can give me.'
    By next week, it was half of the month and I still didn't get paid. When I spoke with the person currently working at the pub she told me she did receive her payment for the last month.
    I called the pub, was told by manager she will speak with the person handling the payments as why I still didn't receive payment.
    It's been few days and I still haven't received any information.
    What are my rights in this situation? I was working for 4 weeks, full-time.
    I just feel conned. Is there any way I can report tax fraud? As far as I know, they do not register employees, they do not provide payslips, pay set amount of money (800 pounds) regardless of number of hours worked.
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  • #2
    Re: Employer didn't pay my wages

    YOu need to work out what is owed to you in total including accured holidays (you start accuring holidays from moment you start work), and 1 weeks payment in lieu of notice on top of the weeks you worked for. Then send them a letter before action requested the total amount owed, pointing out they are in breach of section 13 of the employment rights act 1996 as such failure to pay wages amounts to an unauthroised deduction of wages, which is unlawful! tell them they have 14 days in which to pay what is owed, or you will take legal action without further notice.

    You should also contact Acas as well as they will also contact the employer as a mediator to get them to pay you, and should they still not pay you, you can take it to tribunal or (county court as a breach of contract claim - regardless as to no written contract).

    Also as they haven't provided you a written contract then only persrcibed contract terms exist - Job Title, JOb Description, Hours, Remuneration, Holiday pay, satutory sick pay etc - The terms regarding accomadation costs (if you had to pay for it) won't exists as they are not perscribed core terms of an employment contract, they are merely secondary terms that can only be enforced if written evidence of said terms existed!

    Regarding Taxes etc, you can report the employer to the HMRC - Also you might as well as report the employer to HMRC about not paying your wages too!
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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