Employment experts - help please

Chinman3000 · Jun 8, 2016

A friend of mine was recently offer a new job under a probation period of 3 months. Long story short, it didn't work out and at the employers request my friend was let go.

However, she was never paid for the 3 weeks work which she had completed and despite contacting them several times they are ignoring her.

My thought was that she write to them, with an invoice for the amount owed and send it recorded delivery to keep a record of the request. Then if payment isn't made chase for a reasonable time before taking them to small claims court.

Before doing this I though best to check with NSC faithful, to make sure I don't recommend the wrong approach.

Help appreciated.

GreersElbow · Jun 8, 2016

I had an issue with Halfords a few years ago, I would advise against going straight to the small claims court, I would seek a solicitor and proceed that way. I approached the citizens advice bureau who put me into contact with free legal advisers. A simple letter threatening legal action normally gets their asses into gear. However, if no mediation has happened prior to SCC, then it's likely to be thrown out.

Chinman3000 · Jun 8, 2016

GreersElbow said:
I had an issue with Halfords a few years ago, I would advise against going straight to the small claims court, I would seek a solicitor and proceed that way. I approached the citizens advice bureau who put me into contact with free legal advisers. A simple letter threatening legal action normally gets their asses into gear. However, if no mediation has happened prior to SCC, then it's likely to be thrown out.

Useful, thanks. This is a small local company though, not a behemoth like Halfords. Hopefully my approach will work but if not, getting some free legal advice would be helpful for her.

GreersElbow · Jun 8, 2016

Chinman3000 said:
Useful, thanks. This is a small local company though, not a behemoth like Halfords. Hopefully my approach will work but if not, getting some free legal advice would be helpful for her.

I would actually imagine the threat of legal action would yield more leverage against a small company. Perhaps she should write to them to state she will no proceed with legal action and they should expect to hear from her solicitor shortly.

Tazman · Jun 8, 2016

Ring ACAS - they will act on your friends behalf making all the necessary calls etc. Freephone - 0300 123 1100

Chinman3000 · Jun 8, 2016

Tazman said:
Ring ACAS - they will act on your friends behalf making all the necessary calls etc. Freephone - 0300 123 1100

Great advice. I've spoken to them and the recommended I carry on with the letter and invoice and if they don't pay it in a week contact the again and they will chase it for her!

Thanks.

Bold Seagull · Jun 8, 2016

Chinman3000 said:
Great advice. I've spoken to them and the recommended I carry on with the letter and invoice and if they don't pay it in a week contact the again and they will chase it for her!

Thanks.

Depending on the amount, I'd go this route first without the cost of solicitors. If you end up with a small claim (which is pretty easy to do yourself online to start the process), you need to show you have pursued all available avenues prior to submitting the claim. So a letter with the invoice and request an acknowledgement of receipt then payment within 7 days or you'll start proceedings shows willing to resolve the matter on the claimants part.

The cost of starting the small claim is added to the invoice of the claimed amount. They then get a letter from the court notifying them that the claim has been started. In my experience, this triggers most into sorting it out at this point rather than having to spend time disputing the claim or ending up in court. If they then pay, you click on your online claim that it has been resolved. My last one was paid the day of the deadline prior to a court date being set. Wasn't a huge amount, but it got me to the front of the queue of creditors that the person had.MONEY CLAIM

turienzo's lovechild · Jun 8, 2016

one of my clients had an issue with this (with a large fast food restaurant chain that I won't mention by name) and got his MP involved- in this case Caroline Lucas

it was problem solved within about a day

Norman Baker suck my lozenge · Jun 8, 2016

Chinman3000 said:
A friend of mine was recently offer a new job under a probation period of 3 months. Long story short, it didn't work out and at the employers request my friend was let go.

However, she was never paid for the 3 weeks work which she had completed and despite contacting them several times they are ignoring her.

My thought was that she write to them, with an invoice for the amount owed and send it recorded delivery to keep a record of the request. Then if payment isn't made chase for a reasonable time before taking them to small claims court.

Before doing this I though best to check with NSC faithful, to make sure I don't recommend the wrong approach.

Help appreciated.

Has she spoken to her Union rep?

Official Old Man · Jun 8, 2016

I'm not sure the company may be in the right here. Did they sign anything before starting work? Did they do any work or was it 'training'?
That said three weeks is a long time, I take staff for two days unpaid to 'learn' but always drop them some money either way.
Other thing is, is the company doing this regularly, taking on a staff member for three weeks unpaid. Cheap labour.

Bold Seagull · Jun 8, 2016

I remember the good times said:
I'm not sure the company may be in the right here. Did they sign anything before starting work? Did they do any work or was it 'training'?
That said three weeks is a long time, I take staff for two days unpaid to 'learn' but always drop them some money either way.
Other thing is, is the company doing this regularly, taking on a staff member for three weeks unpaid. Cheap labour.

Even if that was the case, I think the company would still be at fault/liable for taking someone on without a written document of terms for that purpose, whether training, experience, unpaid or otherwise. It is incumbent on the employer to ensure their statutory duties are met in regard to any employees. Even if that was what was intended, their lack of written appointment would still most likely favour the claimant if they thought they were to be paid.

Chinman3000 · Jun 8, 2016

I remember the good times said:
I'm not sure the company may be in the right here. Did they sign anything before starting work? Did they do any work or was it 'training'?
That said three weeks is a long time, I take staff for two days unpaid to 'learn' but always drop them some money either way.
Other thing is, is the company doing this regularly, taking on a staff member for three weeks unpaid. Cheap labour.

It certainly wasn't agreed unpaid work, she wouldn't have left a paid job for that. She has a contract from them. You're right though, that they may have done this for holiday cover or some free labour, but no way of knowing for sure.

symyjym · Jun 8, 2016

Chinman3000 said:
A friend of mine was recently offer a new job under a probation period of 3 months. Long story short, it didn't work out and at the employers request my friend was let go.

However, she was never paid for the 3 weeks work which she had completed and despite contacting them several times they are ignoring her.

My thought was that she write to them, with an invoice for the amount owed and send it recorded delivery to keep a record of the request. Then if payment isn't made chase for a reasonable time before taking them to small claims court.

Before doing this I though best to check with NSC faithful, to make sure I don't recommend the wrong approach.

Help appreciated.

Yep do that with a 14 day to be paid by date. You should probably email them a copy as well as a recorded delivery.

If they don't reply send them another invoice with a letter before action;

I refer to the invoice xxx dated xxxxx in the sum of £xxxx

I note that this invoice still remain unpaid and the sum of xxxx remains outstanding.

In the circumstances, I am now writing to formally demand payment of the amount detailed above within 7 days from the date of this letter.

Should payment of the invoice not be forthcoming within this period of time, I will issue civil proceedings against you without further notice.

I also put you on notice that I will be claiming statutory interest under the Late Payment of Commercial Debts Act 1998 at the rate of the Bank of England base rate plus 8%, calculated on a daily basis from the end of the credit period which was agreed with you.

If civil proceedings are issued against you, a claim will also be made for statutory interest on the amount outstanding calculated as detailed above and also court costs.

I hope that, despite the clear intention of this letter, legal proceedings may be avoided and we look forward to receiving full payment within the time stated.

Yours sincerely,

If they do not respond again the next stage is go to small claims court. It is a lot of hassle for a defendant to fight something when they are wrong, so if they don't have a leg to stand on they will probably pay before taking it to small claims.

Going to small claims costs about £80 but you add that to their invoice.

That's what I would do, and have done myself before.

Chinman3000 · Jun 13, 2016

Chinman3000 said:
A friend of mine was recently offer a new job under a probation period of 3 months. Long story short, it didn't work out and at the employers request my friend was let go.

However, she was never paid for the 3 weeks work which she had completed and despite contacting them several times they are ignoring her.

My thought was that she write to them, with an invoice for the amount owed and send it recorded delivery to keep a record of the request. Then if payment isn't made chase for a reasonable time before taking them to small claims court.

Before doing this I though best to check with NSC faithful, to make sure I don't recommend the wrong approach.

Help appreciated.

UPDATE

The company have now contacted her and agree to send full payment for her time worked. Result!

Thanks to all those for their help.

sir albion · Jun 13, 2016

I'd advise that you grab hold of his balls until he squeaks and demand a full payment ASAP or you'll take legal action.

Edited....glad you got there in the end

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Employment experts - help please

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