UK Members: How to sue your employer?

[Hyde]

Ok one of my acquaintance started a job somewhere, was promised to receive money weekly, later promised that yes they do pay weekly but hold 1 week wages in advance. He continued to work there, next week he received the payment and he worked for another 2 weeks (less 1 day).

When he was supposed to receive payment on friday, he had a quarrel with the employer as he was making him work for 12-15 hours a day and then wanted him to start early (after 6 hours) and he thought this is really unfair so he started arguing and the matter went so far that the employer threatened him that he cannot leave the job or he will not get the payment. He will only pay him if he continues to work and give him 10 days notice in advance.

He refused the employer's offer and said he will not get anything if thats what his condition is but knowing he has rightful claim of about £1000 - £1200 of 2 week's wages pending against his employer he decided to talk to employer again. He spoke with him and the employer said he could still offer him a job but will only pay if he leaves the job with 10 days of notice. Now he wants to take legal action against the employer and he has all the conversation recorded in the form of text messages.

I read all that conversation and was convinced that his employer must not only be made to pay but probably forced to shut his business or fined for what he was doing violating human rights before anything else

What do you suggest he should do?

 

[EasyNow]

Was it a cash in hand job - i.e. was he put on the payroll, HMRC notified etc?

Cash in hand jobs are illegal and they make the contract (verbal or otherwise) void.

 

[Hyde]

Was it a cash in hand job - i.e. was he put on the payroll, HMRC notified etc?

Cash in hand jobs are illegal and they make the contract (verbal or otherwise) void.

It's a self employed job with the person responsible for taxes himself. But he can prove that he was working for that company

 

[VCheng]

It's a self employed job with the person responsible for taxes himself. But he can prove that he was working for that company

Was there a signed employment contract?

 

[Hyde]

Was there a signed employment contract?

no written contract. In his profession many companies does the same thing that instead of employing people, they hire service. Its more like hiring a service and then not paying back even though its technically like a contracted employee

 

[VCheng]

no written contract. In his profession many companies does the same thing that instead of employing people, they hire service. Its more like hiring a service and then not paying back even though its technically like a contracted employee

Without a written contract, chances are that your friend is out of luck with his claim.

 

[sree45]

no written contract. In his profession many companies does the same thing that instead of employing people, they hire service. Its more like hiring a service and then not paying back even though its technically like a contracted employee

Were pay slips issued to him for the salary he received?

 

[JonAsad]

No writing no claim-
Infact the employer knows he can get away with this thats why he doing it-

Btw I have learned of free solicitors working for you only to be paid if you win your claim- try them-

 

[Windjammer]

The normal procedure with these kinds of jobs is that either the employer or the employee gives or hands in notice for a certain period but without any documents, both parties end up in a no win situation, however the employer can still argue that your friend wasn't sacked and left without any notice..... the best to do was comply with ten day notice and then take the employer to the cleaners.

 

[Hyde]

Were pay slips issued to him for the salary he received?

no payslips as he is responsible for income tax and national insurance contributions himself

 

[sree45]

no payslips as he is responsible for income tax and national insurance contributions himself

So, What proof he has that he worked for that employer?

 

[Hyde]

The normal procedure with these kinds of jobs is that either the employer or the employee gives or hands in notice for a certain period but without any documents, both parties end up in a no win situation, however the employer can still argue that your friend wasn't sacked and left without any notice..... the best to do was comply with ten day notice and then take the employer to the cleaners.

You are right but he doesn't want to work there.

Basically he was working for a courier company just like I am right now (he is my colleague). Now he wants to join me as I recently opened a new company under my name and the former employee was being rude to him from time to time. (I also work for the same employer but the thing is I did not quit the job so far but plan to do it as soon as I have some clients on my own as I will be partially doing work for him as well as for my own clients.) So he finally gave up but the fact that he only worked with him for couple of weeks should not be considered like a permanent job where he has to give 10 days notice. In fact such rule was never claimed before he decided to quit.

I think its a fair case to sue him in the court, if he does not get money, the employer would still be in trouble for forcing him to drive for 15 hours a day and then 6 hours sleep and then work again etc... This is not humanitarian

So, What proof he has that he worked for that employer?

Proof is that he is got the Proof of delivery + client details of his employer + company leaflets, pens other stuff and probably the witnesses where he visit regularly for collection/delivery purposes... and not to forget the conversation in text messages where he explicitly refused to pay and clearly admitting that he was working etc

 

[IndoUS]

Mate, you friend needs a written contract because courts require that all income be registered and taxable. Any under desk job or self employment that is not reported or not documented is considered illegal, and can land your friend and the employer into trouble.

Proof is that he is got the Proof of delivery + client details of his employer + company leaflets, pens other stuff and probably the witnesses where he visit regularly for collection/delivery purposes... and not to forget the conversation in text messages where he explicitly refused to pay and clearly admitting that he was working etc

That is fine mate, but a verbal contract usually has problems in court, the employer can easily pull the card that since there was no written contract he is not obliged to pay him. Unless you have similar thing to what we have in Michigan where verbal contracts if documented or if there are witnesses then they can amount to a contract. Your friend should get a lawyer and ask him question if he has a case or not before going for a lawsuit, because it might not look good for his future jobs.

 

[EasyNow]

It's a self employed job with the person responsible for taxes himself. But he can prove that he was working for that company

I have to agree with the other posters here. It is a very difficult case to pursue without contracts, without payroll, without any real written evidence of the terms of service and payment agreed...

Litigation in this country can become very long-winded. The cost, the time commitment and stress are probably not worth it for a weak case like this. My advice is to keep chasing the guy personally. You can also write to him to put the matter forward formally, mentioning that you have taken legal advice - try to get as much as you can out of him this way. It's not fair but i would pick your battles carefully.

 

[qamar1990]

It's a self employed job with the person responsible for taxes himself. But he can prove that he was working for that company

he worked as a contractor?? does he have proof for how long he worked??