Hi, basically I started a job on Tuesday the 14th May. I worked 3 days then Thursday night came down with something. I was gutted as I’ve not been off sick for 4 years but I was on the toilet all night and obviously couldn’t go to work. Was off Friday and received a phone call offering me another job which suited me much better.
I spoke to current company, told them what had happened and they just wanted to know when I was bringing my phone back. Sorted the phone and everything else. Then when it comes to paying me I spoke with them and they were obviously trying to worm out of it. I’ve spoke to them this morning and they are claiming it was a free weeks trial so I won’t be paid. I had a well paid full time job so why would I agree to a free weeks trial?
Gonna go and see them after work today but wondering what’s best to say. Obviously they’ll claim a few others heard the free weeks trial conversation that never happened.
It’s only a few hundred quid but it’s principal more than anything else. I only want paying for the days I’ve worked nothing else.
if you didn’t sign anything to accept such a ridiculous thing as weeks free trial then they haven’t a leg to stand on i would be in there and not leaving till i had the money simple
Carl-H:
Hi, basically I started a job on Tuesday the 14th May. I worked 3 days then Thursday night came down with something. I was gutted as I’ve not been off sick for 4 years but I was on the toilet all night and obviously couldn’t go to work. Was off Friday and received a phone call offering me another job which suited me much better.
I spoke to current company, told them what had happened and they just wanted to know when I was bringing my phone back. Sorted the phone and everything else. Then when it comes to paying me I spoke with them and they were obviously trying to worm out of it. I’ve spoke to them this morning and they are claiming it was a free weeks trial so I won’t be paid. I had a well paid full time job so why would I agree to a free weeks trial?
Gonna go and see them after work today but wondering what’s best to say. Obviously they’ll claim a few others heard the free weeks trial conversation that never happened.
It’s only a few hundred quid but it’s principal more than anything else. I only want paying for the days I’ve worked nothing else.
Thanks, Carl
Take a witness with you, dont go in guns blazing but state your greviance with them, put it in writing aswell but be prepared to walk away empty handed and dont go smacking him as that wont do you any good either
Thanks ks for all your help guys, I read it all before I went. Unfortunately I couldn’t take a witness as the bloke I’d of took from work had to stay late.
Went in, they claimed they would never take on a driver without experience unless it was a trial. I agreed it was a trial but a paid trial, the manager claimed otherwise. This went on for a while. Then the owner (not the brightest spark) said he’s had to pay to advertise my job. I told him that’s not my problem in the slightest. He said I’ll tell you what, I’ll pay you your 3 days but take out the money for the ad. I told him he’s just tripped up as the manager sat there is saying it was free, your saying you’ll pay me minus the ad money so it obviously wasn’t a free trial. Told him he doesn’t have a leg to stand on and we all agreed it can go to court.
Drove to the missus’ and received a phone call from the girl in the office saying bring in bank details and my tachos and they’ll pay my wages! So it appears like it’s problem solved.
Does anyone know if copies of tachos are okay for vosa for me to carry? Or shall I give them the copies and I keep originals? I’m also sceptical about giving tachos as it’s my proof of working.
You are legally required to keep the original tachos with you (when driving, of course) for 28 days. Give them copies for now, but make it clear you will hand over the originals after 28 days (and make sure you do!).
Good result though (and TBH they didn’t have a leg to stand on, from what you’ve said here).
Carl-H:
Does anyone know if copies of tachos are okay for vosa for me to carry? Or shall I give them the copies and I keep originals? I’m also sceptical about giving tachos as it’s my proof of working.
Thanks again I really appreciate it! Carl
You’re required to retain 28 days records so if they’re paper ones you’re not supposed to hand them in until the 28 days has elapsed however working on agency I used to take photocopies and VOSA were quite happy to accept those at roadside checks when I explained why.
Given what is going on I’d keep the originals and give them a photocopy, remind them of what the law is and say you’ll bring them in when the 28 days is up.
If they give you any flannel about not paying you until you hand them in remind them that withholding wages is an offence under the Employment Act.
Trust is something that can ONLY be earned, and they have done nothing in that regard. So don’t trust them!
Assurances are worthless, and unless they put a cheque or payslip in your hand to PROVE your work was paid, don’t hand over any proof that you may want to rely on later.
Yes they could cancel a cheque on you, but they will struggle to explain why in the small claims court, so are unlikely to do that.
Thank you again! Right so I’ll pop in tomorrow, I’ll keep the originals and will happily drop them off after 28 days for their records. Luckily they are on my way home anyway so that’s not an issue.
I think the owner dropped himself in it and they’ve talked since I’ve left and realised it’s best to cut their losses. I’ll keep a voice record if I have to speak to them when I go back just in case too.
Looks like I’ll end up paying emergency tax but that doesn’t really bother me. Like I said it’s the principal rather than the actual money and emergency tax has always righted it’s self eventually in my experience.
conor has it spot on!
Speaking from experience I would contact ACAS who will speak to them on your behalf and if it isn’t resolved amicably apply online for a tribunal. Twice I had wages withheld and twice they eventually paid in full. One thing I would suggest is be positive and sure about what was said with regards to the terms and conditions. Not, I seem to remember…
It is illegal to withhold wages for work already carried out, period.
global.
I wouldn’t worry too much about the emergency tax because that will sort itself out in a couple of weeks any way. However you DO need to get a P45 to prove that you have paid that tax - otherwise you have no proof that the company haven’t helped themselves it.
just tell them you’re on day release Crome strangeways 