Really angry at the way my brother has been treated, can I do anything?

[girlylala0807]

Good afternoon ladies,

As I said in the title, Im really angry with the way my little brother has been treated by a recent employer and I want to do something, Im just not sure if or what I can do/He can do.

Here are the facts. Employed for 3 weeks in a small independent computer shop. Left for home on Friday, was call back into the shop to be told "your fired". He just said Ok and left. We believe this was after she tried to say he would be paid less than minimum wage which was agreed in the interview. Brother is 21 so its around £6.35 an hour?

Relationship was not good with his boss/owner while he was there but I believe that is secondary to the fact he had no contract and she was trying to pay him less.

So, firstly, legally can we do anything? If not is it a case of going to local paper and MP to complain about his treatment? Ive manged to talk my mum out of going there to speak to her and am just helping my brother to gather advice so he can decide on a course of action himself.

TIA.

Firstly calm down. Are there wages owing and was he paid notice?

I say calm down because it won't do you any good and your MP won't be bothered. It's not really anything to do with them being a civil matter.

People do behave badly and there is some redress possible but really not much and none at all if he's not been discriminated against has less than 2 years service and has been paid properly.

He is due to be paid on Wednesday. So we will have to and see.

Dont worry. I have no intention of doing anything while im angry. Just venting her while I gather advice. :)

I believe that insisting in being paid min wage is covered by "asserting a statutory right", for which there is no minimum service requirement to claim unfair dismissal. If his UD claim succeeds then he can also make a claim for lack of written terms.

He will be entitled to all wages for time worked (at min wage) plus 1 week's notice pay. Obviously if his wages are paid at less than min wage, then this will strengthen his case. Otherwise it will be his word against the employer's and difficult to prove.

His compensation for UD won't be massive and it will be time consuming and stressful to pursue. It may take up to a year for his case to be heard.

Wait for weds and see what he's paid, then take it from there.

I agree. The min wage is a statutory right but proving it is going to be difficult and impossible if he's paid properly. The employer has 8 weeks to give written terms so that may not be a claim. If he is paid properly (ie above min wage) and notice then there is little chance of a claim because there isn't much evidence.

If he's not paid properly then a letter outlining money owed is first step.

He should also get a payslip and P45. If he doesn't get either of those he needs to request them and if still nothing report to HMRC.

So yep, it's wait and see for now.