ChatterBank2 mins ago
works lease car damaged dodgy employer.
4 Answers
left past employer lots of problems worked over 2 years for small cleaning buisness took money out of final wage for damage to her lease car says no holidays owing no 3 days in hand didnt pay for day of for dads funeral,no contract.no p45 wage slips got monthly when i got them, cash got paid each week not showing any tax on wage slips average pay �120.dont even think coverered on insurance for driving car not down as a buisness car.just think it was a shambles is she allowed to get away with this.
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No best answer has yet been selected by free my mind. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Don't know really, your post is very difficult to understand. Does it matter anyway if you have left?
To try and address some of your points though. No, employers don't have to pay you if you have a day off for a funeral. Most of them do if it is a close family member but they don't have to.
Did you actually damage the car? Do you think you should have holidays owing? Did you work 3 days in hand when you started?
Can't comment on the average pay as you don't say how many hours you worked. Were you getting at least minimum wage?
Like I said though, if you have now left then chalk it up to experience and forget about it.
To try and address some of your points though. No, employers don't have to pay you if you have a day off for a funeral. Most of them do if it is a close family member but they don't have to.
Did you actually damage the car? Do you think you should have holidays owing? Did you work 3 days in hand when you started?
Can't comment on the average pay as you don't say how many hours you worked. Were you getting at least minimum wage?
Like I said though, if you have now left then chalk it up to experience and forget about it.
(Multi-part post):
The lack of punctuation makes your post very difficult to follow but I'll try to offer a few responses:
1. Every employee has a contract with their employer, even if they've got no written document. However, you should have been given a �written statement of employment particulars� within 2 months of starting the job:
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002790 5
2. It's illegal to withhold money to pay for the damages to a car unless your contract states that this can be done. (Which, if you've not got a written contract, obviously doesn't apply):
http://www.direct.gov.uk/en/Employment/Employe es/Pay/DG_10027228
3. In respect of holidays owing, it's difficult to comment unless we know when your 'holiday year' starts and whether you were told that you'd get any more holiday than the statutory minimum. If your 'holiday year' runs from January to December, you would have had 24 days (minimum) holiday entitlement for the whole of 2008. If you finished working for the firm last Friday, you would have had about two and three quarter days holiday entitlement. If you've already had at least 3 days holiday this year, there's nothing owing to you. (Remember that days when the company was closed for business, e.g. New Year's Day, count as part of your holiday entitlement). Otherwise you should be paid for any days you haven't yet taken as holiday.
The lack of punctuation makes your post very difficult to follow but I'll try to offer a few responses:
1. Every employee has a contract with their employer, even if they've got no written document. However, you should have been given a �written statement of employment particulars� within 2 months of starting the job:
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002790 5
2. It's illegal to withhold money to pay for the damages to a car unless your contract states that this can be done. (Which, if you've not got a written contract, obviously doesn't apply):
http://www.direct.gov.uk/en/Employment/Employe es/Pay/DG_10027228
3. In respect of holidays owing, it's difficult to comment unless we know when your 'holiday year' starts and whether you were told that you'd get any more holiday than the statutory minimum. If your 'holiday year' runs from January to December, you would have had 24 days (minimum) holiday entitlement for the whole of 2008. If you finished working for the firm last Friday, you would have had about two and three quarter days holiday entitlement. If you've already had at least 3 days holiday this year, there's nothing owing to you. (Remember that days when the company was closed for business, e.g. New Year's Day, count as part of your holiday entitlement). Otherwise you should be paid for any days you haven't yet taken as holiday.
4. There's no entitlement to any 'days in hand' unless you've got a contract stating this (which you obviously haven't).
5. Employers don't have to allow staff time off to attend family funerals. If they do allow time off, it can either be unpaid or it can be paid but count as part of the employee's holiday entitlement.
6. All employees have the right to receive accurate pay slips. (See the second link, above).
7. You should have received a P45 but it's not really a problem if you don't. (You just complete a P46 when you start your next job and the tax office will sort things out).
8. It's hard to see how a lease car could be insured solely for private use. Did you actually see the policy document?
9. �120 per week sounds low but you've not stated how old you are and how many hours a week you worked. An 'adult' worker (22 and over) working 40 hours per week should have a minimum gross pay of �220.80, which works out at �186.19 per week take home pay. For an employee aged 18 to 20, working 40 hours per week, the minimum gross pay should be �184, which gives �161.53 take home pay.
ACAS offer a free helpline for all employment rights issues. It's available from 0800 to 1800, Monday to Friday, on 08457 47 47 47.
If you've not been paid the National Minimum Wage it should be reported to HMRC on 0845 6000 678. (0900-1700, Monday to Friday).
If you believe that someone is using a vehicle for business use, while not insured to do so, you should report it to your local police station. (Be careful not to admit to driving it while suspecting that there was no insurance).
Your local Citizens' Advice Bureau can offer further advice. You can find your local office here:
http://www.citizensadvice.org.uk/index/getadvi ce.htm#txt_getadvice_header-Anchor-search
Chris
If you've not been paid the National Minimum Wage it should be reported to HMRC on 0845 6000 678. (0900-1700, Monday to Friday).
If you believe that someone is using a vehicle for business use, while not insured to do so, you should report it to your local police station. (Be careful not to admit to driving it while suspecting that there was no insurance).
Your local Citizens' Advice Bureau can offer further advice. You can find your local office here:
http://www.citizensadvice.org.uk/index/getadvi ce.htm#txt_getadvice_header-Anchor-search
Chris
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