Employment Dispute Advise
Author
Discussion

jimmyVX

Original Poster:

688 posts

236 months

Thursday 12th March 2015
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My other halves, sister has found herself in difficult position and I wondered if anyone could offer some advise on where to start here:

Background - Starts new job with a medical equipment company at beginning of Feb 2015, as a home based sales rep. During the first week she was asked to come up for a few days at a hotel for training and induction into the company. Fast forward to the end of the month, she apparently didnt get a good feeling from the company and handed in her notice, rather stupidly just before being paid.

So, come the end of the month, she was neither paid nor received re-reimbursement of her expenses (around £5-600).

After several days of trying to contact someone at the firm, she eventually made contact and they have argued that they are not willing to pay her as there is no evidence that she did anything during her time at the firm. She has an email trail from various potential customers plus made various site visits, which she should be able to provide evidence for.

They have said they will pay her expenses bill, on the basis that she pays for a courier to return their laptop.

She has a signed copy of her contract which states her entitled basic salary etc, so it would appear to be a fairly clear cut case.

I have no experience with where to go from here, so it was knowing the first place to start and what the route should be in order to try to recoup her lost salary. Any advise would be gladly welcomed.

edc

9,624 posts

280 months

Thursday 12th March 2015
quotequote all
Put it formally into writing that you are claiming for unpaid wages for X period. If this does not illicit a response then I would suggest contacting ACAS http://www.acas.org.uk/index.aspx?articleid=4028 to see if they will facilitatea bit of gentle persuasion before before a claim. A tribunal might not be worth it from a financial perspective and it may be cheaper to make a claim for breach of contract. One of out other learned friends may be able to advise on how best to follow that path if so desired.

jimmyVX

Original Poster:

688 posts

236 months

Thursday 12th March 2015
quotequote all
Thanks.

A bit of research suggests a fee to bring the case to tribunal is required. I assume if the case was won then her ex-employers would be responsible for those costs?

Jasandjules

72,579 posts

258 months

Thursday 12th March 2015
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Sadly not.

loafer123

16,667 posts

244 months

Thursday 12th March 2015
quotequote all

"Didn't get a good feeling" and left within a month.

She sounds, errr, "interesting"...

jimmyVX

Original Poster:

688 posts

236 months

Friday 13th March 2015
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loafer123 said:
"Didn't get a good feeling" and left within a month.

She sounds, errr, "interesting"...
To be honest I totally agree, but im just trying to assist where I can as she has got herself into a bit of a spot financially and this situation clearly isn't helping. She should have asked more questions about the company background. A quick online search suggests they turned over around £3k in 2013......

Edited by jimmyVX on Friday 13th March 10:02

Kudos

2,674 posts

203 months

Sunday 15th March 2015
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jimmyVX said:
To be honest I totally agree, but im just trying to assist where I can as she has got herself into a bit of a spot financially and this situation clearly isn't helping. She should have asked more questions about the company background. A quick online search suggests they turned over around £3k in 2013......

Edited by jimmyVX on Friday 13th March 10:02
How can you tell? Account submissions for SME's doesnt show T/O

elanfan

5,527 posts

256 months

Sunday 15th March 2015
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I guess the laptop is worth more than what she is owed. Do not relinquish it until she has been paid. Formally write setting out what is owed and state that this is a notice before action. If this doesn't do the trick issue a money claim online.

Oh and let the cheapskate bds pay their own postage on the laptop!