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Getting wages owed

(3 Posts)
greenfolder Tue 06-Sep-16 22:20:22

Dd who is 21 answered an ad for a job in a cafe/restaurant. She worked 16 hours then when she texted for confirmation of hours the following week was told that a customer had complained and she was not to return. This is unlikely. She is experienced in the work and had tips from most customers. It is a new business though and the food was a long time coming. In any event it is more likely that they realised they couldn't afford wages. Dd had confirmation by text that she would be paid for the work she had done.she has not been paid.
I assume that dd needs to write to the owner formally asking for her wages. Then issue a claim against her. There is no written contract so I assume she can claim minimum wage.can she also claim for notice?

wowfudge Sat 10-Sep-16 12:38:35

What was the probation period? You can usually be sacked without notice during that time. Calculate howuch she is owed and ask for it. She should give them a few days to respond and if they don't then your daughter should turn up and ask in person.

prh47bridge Sat 10-Sep-16 13:35:41

There is no written contract so I assume she can claim minimum wage

She can claim for whatever wages were agreed. The lack of a written contract is irrelevant. If they agreed to pay her £15 per hour that is what they should pay. However, if it goes to court it would be helpful if your daughter could produce some evidence as to the agreed rate. Note that the courts would decide on balance of probability, so she doesn't have to prove beyond doubt what rate was offered.

can she also claim for notice

If there was an agreed notice period and an agreed number of hours per week then yes, she can claim. However, if there was no agreed notice period or she was not guaranteed any hours she can't. As she has been with them less than one month there is no statutory notice period.

If they still haven't paid your daughter may want to send a letter before action. This should state how much she is owed, give them a reasonable time to pay and state that she will take legal action if they don't pay up by the deadline. If they fail to pay she would then be able to lodge a small claim.

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