Saturday, October 24, 2009

Mate lost his job & his ex-employer wont pay him for his hours his worked?

a mate lost his job, through not fault of his own, (he got blamed for something)and his boss won't pay him his 2 weeks money that he owes him,
he didnt lose his job to gross misconduct or anything like that
Answers:
He's entitled to be paid. The first poster says that employers are allowed to deduct money for holiday taken in excess of accrued entitlement. You'll find this provision in almost every contract, but it is in fact against the Working Time Regulations (unless it's stated in a 'collective agreement ' which is unlikely to be the case) - a tribunal claim for the money would be successful.

Similarly, if your friend didn't give his full notice, all the employer is able to claim is the money it actually cost him to get someone else during the notice period, over and above what he would have paid your friend.

There's a very good chance your friend would be successful if he brought a tribunal claim for the money. He has to write a letter first to request the money, and give them 28 days to respond before bringing the claim.
It could be becuase he had taken more than his holiday allowance for the part of the year he worked. Basically, if you get 20 days for the year and only work half the year, you only get 10 days. If he had taken all 20, then his employer can not pay him for the last 10 days.

If that is not the case, he should go to tribunal.
He will have to apply to an Employment Tribunal for an Unlawful Deduction from Salary claim.
Tell yer mate to get a gallon of petrol and burn the business down when no one is there of coarse. (ONLY KIDDING)
sounds wrong , tell the boss your going to get a solicitor to get him to pay , + costs.
Tell your mate to take his ex boss to a tribunal
Are you in the UK?

What you should do is take a tribunal for unfair dismissal from the position.

http://ww.employmenttribunals.gov.uk/cla...

Speak to a union if possible too.
It would depend on whether he has had holidays already , whether they class it as him breaking his contract . If he was meant to give two weeks notice they could be withholding his pay as notice not given.

His best option would be to go to the citiziens advice bureau and they would be able to let him know if he has a claim against them for unlawful withholding of pay and if so what to do about it.

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