Hello all and thanks in advance for any enlightment here...
I'll try to keep it short. My husband became unemployed on the 8th of May after an argument with his boss /owner of a restaurant & accomodation due to late payment of his salary. He worked there for 16 months and not one month he got payed on time, always days or even a week late.
I will not go into details about working 70 hours + a week, never getting a written contract of employment or receiving his payslips as "the Accountant" is always changing or going on holidays.
Unfortunately we've reached a point where a single salary has become more than important and not enough to survive, so any delay would cause overdraft, fees for going on reserve a creating a snowball.
My husband told the owner he couldn't work if he didn't get paid on time, that it was the only basic thing he was asking for. The owner said that they would all have a nice day off as the money was going to reach my hubby's account at 4.30pm on the 8th.
My husband said he wouldn't work until he got paid. (he's not the only one, same with the Sous Chef, waiters, etc), so he and the Sous Chef left that day.
he got paid at 5pm that day (counter credit) and the owner came to our home to make him go back and his strategy was threatening with a solicitor. he needed my husband to work because that saturday the restaurant had an important 200 people charity event (catering).
Conditions for my husband and Sous Chef to return until Sunday were: to get paid his acquired holiday payment in advance before the tuesday's shift (denied on 2 occassions before), and cash in hand at the end of each shift.
They told him they would pay each shift but the holidays on Sunday after service, as they needed assurance from my husband and the money was coming out from the event.
All this via emails....my husband felt he couldn't go back, he knew they were not paying him.
They called a Chef to pay him !by the hour, and the guy did not get paid !They lied to him.
My husband wrote an email 2 days ago asking when could be a suitable time to pick up his belongings (portfolio, books, knives) and his holiday pay. Never got a reply so he went today, and the owner took the knives from the kitchen and put them in his office). he said he was busy and threw my husband out of the restaurant. My husband told him please I need my stuff to work...he said if he needed to call a solicitor and the owner said bring it on...
3 Head Chefs have gone before my husband in similar circumstances, but we can't afford to lose holiday pay as we need the money to move home!!!!!
A police officer will go to the restaurant with my husband and the Sous Chef to try and collect their stuff.....and the holiday pay???? what do we do? I called ACAS today, they said it could be constructive dismissal, we have bank statements with all the payments/dates, all the emails, and we have to request the holiday pay in written and give them 14 days....
Help please