Week's Lying Time

[albaqwerty]

younger alba asked me to post to ask the question.
Is he entitled to his week's lying time?

He was sacked last week for theft, long drawn out story, his layer is pursuing his accident claim with vigour.

I told him to check his contract of employment, he can't find it but has been with company for 7 years.

Thanks

[Old_Geezer]

I'd have thought so. He worked a week in hand, it would be his money payment delayed. No expert though.

[albaqwerty]

Thanks OG, I think he is entitled to it, even after all these years.

(oh, and that should be lawyer, not layer :-D )

[hc4361]

He should get paid for the hours he worked, his lying time and outstanding holiday pay but not notice.

[bednobs]

what is lying time??

[hc4361]

Week in hand, bednobs.

[mccfluff]

sorry albs, don't know the answer, I would imagine so. but lying time, never heard that before, how does that translate to week in hand?

[hc4361]

Your wages for your first week's work lie until next payday.

[mccfluff]

hmmmmm, kind of makes sense...probably about as much as a week in hand when you think about it :-)

[albaqwerty]

ooops, sorry, you work for a week, then another week and get paid for one week and then the week you didn't get paid for 'lies in hand'

the joys of language :-D

[EDDIE51]

Theft is gross misconduct , for which he will be instantly dismissed without notice. It could be that they are retaining the money as repayment for the theft, not sure of the legal side.

[albaqwerty]

they should have dismissed him 3 weeks prior Eddie, which would have meant he wouldn't have sustained injury at work.

This has only materialised since they received paperwork regarding his claim.

The amount doesn't matter, value of meat £60 which he did offer to repay and the meat was going to be turfed anyway.

[EDDIE51]

Then ha has a case for unfair dismissal as they have not gone down the gross misconduct route. If he is in a Union ask them for advice , otherwise talk to a lawyer. This is not a straightforward case it needs a lawyer. A dismissal for theft on his employment history is going to be a big disadvantage in getting another job. If the meat was going to be scrapped it may not be possible to call it theft. He REALLY needs a lawyer with experience of employment law. When you say his 'layer' is pursuing the accident claim , I assume you mean lawyer? If so the same lawyer will handle the sacking as part of the claim.

[zebo]

I'm not sure that they can withhold one pot of money, his in-hand money, to satisfy a different issue, the alleged theft.

[albaqwerty]

His lawyer is rubbing their hands Eddie,
Unions are frowned upon in that place of work, but thanks to another ab'er have advised some of his work-mates to sign up to one where the employer doesn't need to know that they are in a union.

Utter shambles of a workplace.

[Peter Pedant]

Meat prep industry is appallingly badly paid
almost as bad as the rag trade

yes - if worked the week he is entitled to be paid for work done - I am nor sure if this can be defeated by a clause in the contract ( you shall not be paid lying time if you are dismissed for gross misconduct ) I would have thought not

even if the meat was to be turfed it had scrap value of whatever
so I dont think that will get up and run - and can you steal from dustbins ? yup I am afraid you can.

offering restitution - means young alba has effectively admitted wrongdoing

anyway he has am employment lawyer so I am not sure what our funnction is

[albaqwerty]

PP, as ever, an ab'ers function is a useful sounding board and can offer a question or 2 to ask the lawyer which may not have been thought about.

The younger alba and I do appreciate each answer.

Very many thanks to each of you

[EDDIE51]

Yes from what you say the Union may well be able to get him compensation and force them to withdraw the dismissal , then if he does not want his job back the lawyer will sue the company for unfair dismissal , more compo .