DP resigned- no pay?

[tethersend]

DP has been working for a company- let's call them Bastards and Sons- for 5 months. He got a new job two weeks ago, and handed in his (2 weeks) notice straight away.

The contract between him and Bastards stated that he was on a 6 month probationary period, in which his employment could be terminated by them with 2 weeks' written notice. After the 6 month probationary period, it states that 1 month's written notice is required from either party to terminate employment. It makes no mention of the notice period required for the employee to terminate employment during the 6 month probationary period (which DP is in). DP has give them 2 weeks' notice.

It may be worth mentioning at this point that the contract was never signed by either party, just emailed to him when he started work.

So, if you've read this far, well done. Today (his last day) his boss has rung him to tell him he is in breach of contract, that the wages he has received so far(ie, for the past 5 months) are a loan and his boss will be suing him for them , and -most worryingly-that he will not be paid for the work he has done this month.

This equates to about 2 weeks' money, which we cannot afford to lose (they were already paying him 1/3 less than he would get anywhere else). Practically, are there any steps he can take to get the money he is owed?

Is he owed this money?

Where does he stand, legally?

Any advice gratefully received

[RibenaBerry]

His salary is not a loan. Ignore that. They're pissed off he's leaving.

Have a read on Directgov about making a claim for unlawful deduction from wages. He should put in a grievance about what they've said, then if necessary file a tribunal claim. If the facts are as you've just said, it's pretty cut and dried, he could do the claim form online and represent himself easily without knowing lots of law.

[foxytocin]

have him email his boss stating something along the line of

'with regard to our conversation at x:xx am can you clarify the following points which you stated:

a. about the 5 month wage being a loan

b. that you will deduct my pay by two weeks

also clarify anything objective you dh has said:

things like he gave them 2 weeks' notice.

This way if they do not respond a tribunal will ask them why not.

plus there will be a record of the call coming from them to your home at that time which means that if it becomes he said/they said the call is traceable.

At least, that is what I would do right off the bat. People like this like to think they can get away with what they say but documenting it asap makes it difficult for them to do that later.

I am just a kangaroo lawyer but at least your dh would be laying a paper trail here.

[tethersend]

Thanks for the speedy replies

Ribena, do you have a link to the tribunal claim form?

Do you have an idea as to where DP stands wrt the notice he gave? There was nothing in the contract to state how much notice he should give, and he is worried as they say he should have given them a month.

[TidyBush]

Is this what you're looking for wrt notice periods?

[JustAnotherManicMummy]

If there's nothing in his contract then legally it is just 1 week see here. Doubt you'll even need the claim forms.

Just do what foxy says and let them know your DH isn't an idiot.

[ChickenInABasket]

Your DP needs to put everything in writing from now on. I would suggest raising a grievance immediately. There's loads of advice on how to do that here:www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Grievanceprocedures/DG_10027992

You need to write to Bastards saying why you have a grievance ie "in my conversation with X on X at X, you told me that a) I am in breach of contract, b) my wages are a loan - carry on and list all the points Bastard made.

Then answer each in turn eg a) I am not in breach of contract because contracts were not signed, there was no written notice period in the contract etc.

Then say what you want (eg my wages) by when (ie in 2 weeks ) and what you will do if you don't get it (ie employment Tribunal)

Good luck, sounds like your DP is better off out of that company. And of course the boss has no legal grounds for sueing your DP so no worries there, you just need to get your 2 weeks money back.

[tethersend]

Yes, thanks tidy- so can he assume that in lieu of any notice period specified in the contract, he is subject to the minimum notice requirements set out in your link?

So, as long as he gave at least a weeks' notice, they have no remiss?

[said]

Sorry, but love Bastards & Sons. Really hope this gets sorted out.

[tethersend]

Thanks also Chicken and Manic- really useful

[ChickenInABasket]

Tether- Tidy is right, if there is no notice period in the contract, your DP only has to give a week's notice.

[JustAnotherManicMummy]

No probs. Think I also work for Bastard and Sons. Except my lot are Spanish so must be "Bastardo e hijos"

[Ivykaty44]

The company have to pay the wages, it would be illegal to not pay unless your dh has signed to agree to deduction he has protection of earnings

they can try to take you to court - just let them try though as others have said they can't have a leg to stand on.

just get your dh to get the money that is legaly owed to him.

You actually need to contact the tax department aswell - if he is not being payed for the two weeks this will effect his NI contributions and tax level P45 etc.

which as an aside may make the tax department wonder it all sounds dodgey, so the tax department will think it is aswell.

[foxytocin]

Manicmummy: in México they would be called 'El Chingado y los hijos de la Chingada'

[tethersend]

Wow.

You lot are amazing.

Thank you so much. Great link, Ivy.

It think Bastard and Sons have branches all over the world, Manic

[foxytocin]

sorry for that diversion tethersend. I hope it all works out for dh. I can't see why not. they don't have a leg to stand on.

[tethersend]

It = I

[JustAnotherManicMummy]

I believe my company have several offices in South America so no doubt they are known by that name too