Help! Job termination advice.
Discussion
Need a quick bit of advice please:
21 year old daughter started work in a hotel with her boyfriend. Boyfriend has just dumped her so she is coming home as she can't stay as they share a room for accommodation.
She has already worked four weeks with two weeks paid in arrears. Her boss says, a) he won't pay her for work already worked, and b), he says that if she leaves he will sack her ex- boyfriend.
I am going to collect her tomorrow morning and I just want a bit of ammo just in case.
21 year old daughter started work in a hotel with her boyfriend. Boyfriend has just dumped her so she is coming home as she can't stay as they share a room for accommodation.
She has already worked four weeks with two weeks paid in arrears. Her boss says, a) he won't pay her for work already worked, and b), he says that if she leaves he will sack her ex- boyfriend.
I am going to collect her tomorrow morning and I just want a bit of ammo just in case.
A striking reminder of what life is like in the low pay sector, where employers often act as though beyond the reach of the law. The Coalition has made it expensive to seek redress at a tribunal, so employers can sometimes get away with this sort of thing; but for a simple claim for unpaid wages it is cheaper to sue via Money Claim Online and avoid the tribunal fees. Unpaid wages can be claimed either under the statutory regime or by way of a common law claim for debt/breach of contract. In this case the common law route may be the quicker and cheaper route if the employer does not play ball.
In addition, HMRC may be interested in the accommodation arrangement if it is offered by the employer and is tied in to wages. HMRC wear a rare white hat in their role as the enforcement agency of minimum wage rules. These rules extend to controls on accommodation offsets (when employers try to pay less because they provide accommodation, and try to tie workers into room and/or food/laundry deals). I did a Court of Appeal case on this a few years ago that led to a strong pro worker ruling, but still many employers try to subvert the law and exploit workers. Low pay workers typically have limited awareness of their rights, have limited access to advice (CABs mean well but are not much use and are mainly busy deciding who gets food vouchers, there are almost no more law centres, and legal aid is like unicorns these days), and are often not unionised. They are ripe for exploitation.
If your daughter continues to work in the hotel sector, I suggest that she joins a union, Unions still have value for people at the blunt end of the employment market.
OP, I really hate to hear of this kind of abusive behaviour by employers, so PM me if you want any further help pro bono.
Re the boyfriend, that is not your problem, but he too may be facing an injustice, so I mention that he might, just might have a claim that to dismiss him because of his relationship status is a form of unlawful discrimination.
In addition, HMRC may be interested in the accommodation arrangement if it is offered by the employer and is tied in to wages. HMRC wear a rare white hat in their role as the enforcement agency of minimum wage rules. These rules extend to controls on accommodation offsets (when employers try to pay less because they provide accommodation, and try to tie workers into room and/or food/laundry deals). I did a Court of Appeal case on this a few years ago that led to a strong pro worker ruling, but still many employers try to subvert the law and exploit workers. Low pay workers typically have limited awareness of their rights, have limited access to advice (CABs mean well but are not much use and are mainly busy deciding who gets food vouchers, there are almost no more law centres, and legal aid is like unicorns these days), and are often not unionised. They are ripe for exploitation.
If your daughter continues to work in the hotel sector, I suggest that she joins a union, Unions still have value for people at the blunt end of the employment market.
OP, I really hate to hear of this kind of abusive behaviour by employers, so PM me if you want any further help pro bono.
Re the boyfriend, that is not your problem, but he too may be facing an injustice, so I mention that he might, just might have a claim that to dismiss him because of his relationship status is a form of unlawful discrimination.
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