Dodgy employers

[apache]

My son and daughters boyfriend started working for a local company about 2 months ago. This week they discovered they had not been payed for the holiday christmas period although they were told they would be. On questioning the boss they were told they had not signed a contract so were not eligible for pay?! there is one other new starter in the same position. Daughters bf was also told to work 2 weeks in hand because the company had to pay extra insurance because he had points on his licence!

I shouldn't get involved but am so royally pissed off that people can be exploitd by creeps like this, what can I do dear readers?

[JonRB]

The trouble is that a verbal contract isn't worth the paper it's not written on.

If there is no written contract of employment then their position is much weaker. But I know that you already know that, so my post is a bit pointless.

Sorry about that.

[turbobloke]

I hope this tactical reply isn't seen as uncaring.
What to do...
Do they 'like' the job otherwise and want to stay because other positive aspects make it bearable or other work is very hard to find?
If so try to sort it out but put up with it if need be

If not, still try to sort it out by getting written confirmation etc but if the employer is still playing silly bu66ers leave and look for another job.

>> Edited by turbobloke on Monday 10th January 10:31

[stumartin]

The actuality of "employment" is distinguished from a contract of employment. The two chaps were (although usual disclaimer when not knowing the circs) employed as of the moment they started work. Proving employment would, I imagine involve proving you did work for them - rather than the specific terms of any agreement. I would guess in such a case a "usual" set of terms and rate of pay for similar workers could be applied if it were successfully taken to tribunal.

That of course is the problem. If the employer digs their heels in you'd have little other recourse other than perhaps some sort of arbitration. The chaps haven't had a year's continuous service so aren't eligible to claim unfair (statutory) dism. but may have some remedy under wrongful (common law) dismissal.





Second disclaimer regarding not being a qualified lawyer and it being too early on Monday to be expected to properly remember from my degree

[apache]

They have previous payslips and timesheets but I know what you mean, they are both looking elsewhere now. The thing is, this isn't the first time I've seen this, there dose seem to be an unhealthy amount of these unscrupulous employers around, can I report them or something?

[stumartin]

I wouldn't imagine you could report them as you've not really got standing to do so (not being employed by them or in any personal way affected by such practice). Perhaps one or both of the two chaps might be able to, but I'm afraid I couldn't suggest to whom. I guess that's what the employment tribunal is supposed to do.

I would say that if there is a body to make complaints to, they might want to know why it was serious enough for them to get involved, but not serious enough for your son/in law to take the employer to tribunal first - hence why I don't think there is such an organisation.