Wage theft question

[StageD]

Hi all, quickish one hopefully,

 

Friend quit a job last year and has just heard that her boss had been dipping his hand in multiple places shall we say (he's sacked).

 

One of the ways was telling the employees there weren't enough hours available to him to staff the shop properly (and pocketing the "extra" hours himself without doing the hours). This had staff volunteering to come in to cover as needed due to literally stuff not being done. I know my friend used to go in on their day off to cover so people could take their 20mins break etc, they'd come in to stock check and date check.

 

It's past the 3 month deadline for employment tribunal but I'd love to tell them there's a way for them to get some justice now the company has realised whats going on and the staff have realised they've been stiffed by that boss.

[Emmzzi]

this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone?

[Manxman in exile]

Do as Emmzi says. 

 

And if your friend has actual evidence that they worked hours for which they were never paid by their employer, then they have up to six years to claim/sue for the unpaid amount.  It would be a court matter, not an Employment Tribunal matter.

 

I suspect your friend's main stumbling block will be providing evidence that they actually worked but weren't paid. 

 

(Part of that problem might be persuading the employer or a court that your friend wasn't "volunteering" (your words) to cover others' breaks and to do stocktaking etc out of the ggodness of their heart and knew they were not going to get paid.  I mean - why else would you work hours that you knew you weren't going to get paid for except voluntarily?)

 

Moral - If you know your boss can't pay you, don't do the work.