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No contract and holiday pay

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  • No contract and holiday pay

    Hi I need some advice
    I worked for my sister who is a market trader for 26 weeks.
    I had no contract no employee hand book no terms of employment or holiday pay - nothing. I have seen nothing.
    I worked16 per week.
    With no lunches
    I took four days holiday in that time and got my bank holidays paid which was verbally agreed.
    I gave Notice to my sister of a week and moved jobs, that was in March
    I am still awaiting my original p45.
    I was paid for that week and have my payslip.
    I have all my payslips which say nothing about holiday etc.
    On April 23rd I was deliver by hand by my father a letter with my name on the front, inside a computer typed letter no business heading or to me. From my sister saying her accountant has finished her end of year books, and could not sortthem out as I was not paid correctly my last week as I did not give a weeks notice ( I did) though over phone, and worked my week notice week which is two days.
    Also it stated have had more of my holiday entitlement for the time I worked so I owe her 80.40 which she will take me to small claims court if I don't pay.
    I called her accountant who paid and sorted my wages and they said that they don't keep records off holidays, and generally said they have nothing on file about this.
    I have spoken to acas twice one guy said no contact or employmee handbook then she can't prove a thing.
    Another said that verbal contract is enough....... though I was never told how much holiday I could have.
    As we are talking sisterly love here!!!
    Please can you help me as
    If I though I owed her I would pay but I don't owe her a penny,
    I think she has sour grapes and wants to put me through it as am getting my life back on track.
    So what do I do now, do I write to her asking for evidence of her accusations proof of her conclusion.
    I am hurt and dumfounded.......
    Nininarna
    Tags: None

  • #2
    Re: No contract and holiday pay

    Originally posted by Nininarna View Post
    Hi I need some advice
    I worked for my sister who is a market trader for 26 weeks.
    I had no contract no employee hand book no terms of employment or holiday pay - nothing. I have seen nothing.
    I worked16 per week.
    With no lunches
    I took four days holiday in that time and got my bank holidays paid which was verbally agreed.
    I gave Notice to my sister of a week and moved jobs, that was in March
    I am still awaiting my original p45.
    I was paid for that week and have my payslip.
    I have all my payslips which say nothing about holiday etc.
    On April 23rd I was deliver by hand by my father a letter with my name on the front, inside a computer typed letter no business heading or to me. From my sister saying her accountant has finished her end of year books, and could not sortthem out as I was not paid correctly my last week as I did not give a weeks notice ( I did) though over phone, and worked my week notice week which is two days.
    Also it stated have had more of my holiday entitlement for the time I worked so I owe her 80.40 which she will take me to small claims court if I don't pay.
    I called her accountant who paid and sorted my wages and they said that they don't keep records off holidays, and generally said they have nothing on file about this.
    I have spoken to acas twice one guy said no contact or employmee handbook then she can't prove a thing.
    Another said that verbal contract is enough....... though I was never told how much holiday I could have.
    As we are talking sisterly love here!!!
    Please can you help me as
    If I though I owed her I would pay but I don't owe her a penny,
    I think she has sour grapes and wants to put me through it as am getting my life back on track.
    So what do I do now, do I write to her asking for evidence of her accusations proof of her conclusion.
    I am hurt and dumfounded.......
    Nininarna
    £80.40p??

    Btw, Nininarna, welcome to LB!
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: No contract and holiday pay

      Yes £80.40 and thankyou

      Comment


      • #4
        Re: No contract and holiday pay

        Originally posted by Nininarna View Post
        Yes £80.40 and thankyou
        You're welcome; blimey, by the time she takes you to court, given the fees & the rest of the aggravation, (not to mention whether she has a case to begin with) imho she will be losing out.
        Not a sound commercial decision, I think!
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: No contract and holiday pay

          I agree, though in the letter she says she will make sure I pay her costs also

          Comment


          • #6
            Re: No contract and holiday pay

            Originally posted by Nininarna View Post
            I agree, though in the letter she says she will make sure I pay her costs also
            Very unlikely; In Small Claims, usually each side bears their own costs.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

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