ET case help : Not paid wages, no contract, "dismissed" for asking for pay.

[Emmzzi]

Hi,

 

the first point to note is that a zero contract means he is probably a WORKER and not an employee. Different rights apply.

I would actually have gone to small claims court not an ET, for speed. My thoughts below in caps - note I am not a lawyer.

At 18 - I would go for money and not a crusade so I take a pragmatic approach. If you suspect proper right to work checks have not been done you can also report here, depending on your opinion on immigration rights.

 

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Report an immigration or border crime - GOV.UK

WWW.GOV.UK

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Report someone who you think may be living or working in the UK illegally, employing someone illegally

 

 

1) Is he dismissed at the point he is blocked from WhatsApp or when they threaten him with violence? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees and complaining about not being paid his wages). 

I WOULD SAY HE IS NOT DISMISSED UNTIL HE HAS A LEAVER'S LETTER IN HIS HAND. ZERO HOURS HAS NO OBLIGATION TO PROVIDE WORK. SO STILL ON CONTRACT I'D SAY.

2) Is there anything else he can claim in his schedule of loss (above) or should remove??

JUST PAY AND HOLIDAY PAY

3) Even though employer admitted owed wages and holiday pay in preliminary hearing and said that they would pay up promptly, they are now saying to the claimant that they will pay him this if he signs a settlement agreement. Is there any way to force them to pay as they already admitted owing him this money and that they would pay it.

NO.

A SETTLEMENT AGREEMENT IS IN RETURN FOR KEEPING HIS MOUTH SHUT. I WOULD EXPECT THEM TO PAY HIM MORE TO DO THAT. SO ASK FOR HALF THE WAGES AGAIN, SAY. THEY SHOULD ALSO PAY FOR A LAWYER TO LOOK IT OVER FOR HIM (NOT NEGOTIATE IT! JUST EXPLAIN IT). IF A SA IS ON THE TABLE I USUALLY ADVISE TO TAKE IT TO GET THE THING DONE WITH! FASTER THAN COURT, LESS EMOTIONAL.

4) I noticed recently that the directors opened a new company. If the old one was called Pizza Hut Ltd (as an example), the new one is called Pizza Hut (Cambridge) Ltd. Do you think they could shut down the old one and get rid of the ET case and not pay up? If so is there anything I can such as inform the ET/court/companies house about the court case so that they can't wind up the company to get out of paying up owed wages?

THAT'S A WHOLE WORLD OF DRAWN OUT PAIN FOR NO REWARD. THE SYSTEM IS NOT WELL DESIGNED. TAKE THE CASH, LEAVE THE HIGH GROUND TO PEOPLE WITH ALL THE TIME AND MONEY IN THE WORLD.

Edited July 12, 2023 by Emmzzi

[Emmzzi]

on reviewing other parts of the internet I see you have had similar advice elsewhere.

just because you do not like it - does not mean it is wrong...

[Emmzzi]

he is an employee if the court decide he is. have they? 

[Emmzzi]

So as yet, that is unconfirmed. 

Good luck, do let us know how you get on. Hopefully they will decide it is cheaper to settle and it can all be over with fast!

Just now, honeybee13 said:

@Emmzzi, would it be worth sending an SAR to get hold of the contract and any other missing information?

HB

If they go for a settlement agreement then there's little point, but if they don't then yes, that'd be very useful!

[Emmzzi]

Just because it is in the contract does not mean it is true.

It tells you what the employer *thinks* the status is.

Employers are wrong, often!

[Emmzzi]

Types of employment status: Checking your employment rights - Acas

WWW.ACAS.ORG.UK

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It's important to know your employment status as it affects your legal rights and what you’re entitled to.

 

 

[Emmzzi]

I'm not sure why you seem to be trying to argue with me? I'm a volunteer and like a quiet life

If you are confident you are correct, fair play to you. I'm suggesting the final decision maker in neither you not I, but the court.