What should dp do about his employers?

[zephyrcat]

DP works for Nightfreight doing 7.5t multi-drop.
He has been there for 6 months and they still haven't given him his contract despite him asking for it countless times. He does a fair bit of overtime and they often don't pay him for it - he has to nag them for the whole month and it usually goes onto the next months wages so he gets taxed more. He started working there as a temp from an agency helping someone do a particularly heavy route. When he started working there permanently he was given that same route to do with no help and told off for doing too much overtime. He didn't get his OT paid again last month so he walked out. He rang head office to complain and after talking to his manager went back the next morning. This month, he didn't get paid AT ALL, so he went mad. They paid him the next dy but when he got his wage slip they had paid him no wages except his Saturdays (£75 per saturday) and then DEDUCTED £190 so they were going to pay him £25 for the month because apparent;y they put in a leaving form when he walked out. So basically because he walked out they weren't going to pay him for the part month I'm assuming that's because he hasn't had a contract so they can do what they want?

I want him to leave because they are obviously out to screw him over but he wants to stay til xmas thinking he's going to get a £500 bonus.

Does anyone know where he stands with them?

TIA

It is just the way big companies work I think. Because everything has to go through head office and forms need to be sent for o/t payments they often get paid out the month after they are worked. You don't pay more tax overall, as the tax is calculated on a rolling basis and it evens out the following month.

As for the no pay this month - that was because they processed the leavers form and then forgot to cancel it. He needs to speak to someone in HR and get them to sort it out for him. And he should ask them for his contract too. They cannot do what they like just because he has no contract, as that even the absence of one, it will be assumed that both parties are working under the contract in any case.

Oops meant to say that re the o/t he should agree with his manager what o/t he needs to work before he does it. If the manager doesn't agree then he should just leave it and not work it!

So because he left are they allowed to deduct his wages and not pay him for what he had worked up til then?

First of all you need to work out who is employer is - is it the agency still or has he transferred to the company?

Then the company that employs him as an employee has an obligation to give him a written contract. If he is an employee that is. If he is then he has a right to claim an additional 2 months wages just for not being given a written contract - DTI web site goes into this. He should write to them asking for the contract and keep a copy and tell them the consequences if they do not.

Then he needs to make sure he is paid what he shoudl and try to chase up by fax or email or letter so there is a record of it, not by phone and copy head office each time.

if he is self employed it is very different.

No of course not!

They will either have to pay him via cheque - emergency cheque payments are quite common in this type of situation or it will be added to next months pay.

That is what I meant he will have to sort out with HR. He needs to talk to them directly and get them to sort it all out for him.

Overtime is a whle other nightmare! He's meant to do all the drops/collections he has for that day on that day and he likes to get it done but because it's such a big route he has and they won;t get anyone to help him he ends up working late, so they want the work done but don't want him to do overtime because they don't want to pay it.

He is also ment to have a uniform - we have bought 4 pairs of trousers that have been ruined and countless t-shirts. The uniform he otrdered finally turned up last month but while he was out driving everyone else just helped themnselves so he's left with none again

He is employed by the company - he was with the agency first but because he did so well and worked hard they stole him from the agency 6 months ago....