kyle09uk Posted 10 November 2011 Posted 10 November 2011 I got a job back in mid-August as a Carer for a severely handi-cap man who Is his own employer. After 2 months of What I believed to be a good friendship he fired me! After meeting my GF he was happy to have us both round to make things easier.. She would cook whilst I would help him Out with things i.e Ebay. My shifts were Very long (8am-10pm, 7 days straight, 7 Days off) Keeping it as short as possible, it Happened when he asked if Laura (GF) Would work a week for him until he could Find another full time carer instead of Using agencies which treated him as if He wasn't human. We agreed thinking it Would benifit both parties. He had found some slabs off Ebay he wanted from Staffordshire and told Me to collect them with Laura and to Hire a van, even Though this isn't within care criteria We agreed. Shortly he changed his mind And wanted his electrian, accomplice And myself to collect them. Both me and Laura not wanting him to get ripped Off we tried to make him Understand he would be paying way over The odds, he agreed to let Laura phone A van hire company, cheapest quote was £55 for the day all inclusive. He went Mad and fired me! I understand the saying "There's always 2 sides to a story" But this really isn't the case. He said There was no way he was having her collect The slabs with me cause she's a girl and Would break them. Not only has he fired me for no real Reason but also on my week off. Now he's telling me he won't pay me my weeks Wages I worked (£650) and the time Laura Worked. I know he can get away with that Part but surely not mine. I have done some research and rang Solicitors to be told because I haven't Worked there for 12 months I can not Claim unfair dismissal and he can fire Me for no real reason well within his Rights. Sorry for the essay but just wanted To create a clearer picture and hope- fully get some advice on my situation. Christmas is almost here and its put me in such a shite situation. Cheerz guys.
Jon the Hat Posted 10 November 2011 Posted 10 November 2011 They are right. You basically have no rights, chalk it up to experience and move on.
Jackirius Posted 10 November 2011 Posted 10 November 2011 You should be paid the time you have worked as long as your contract was signed by both parties and you were officially employed by him.
acooling08 Posted 10 November 2011 Posted 10 November 2011 You are entitled to the money you earnt, but if he wants to fire you then that's his decision unfortunately. Let's hope his next carer is a right cvnt and he regrets firing you.
Fox92 Posted 10 November 2011 Posted 10 November 2011 I hope he regrets sacking you, because you sound like you did a lot of him.
kyle09uk Posted 10 November 2011 Author Posted 10 November 2011 Part of the research I've done it says a contract is legally bound after working 2 months (wether its written or not) as long as I am an employee rather than a worker.
Stay Positive Posted 10 November 2011 Posted 10 November 2011 Part of the research I've done it says a contract is legally bound after working 2 months (wether its written or not) as long as I am an employee rather than a worker. If you have no written evidence - i.e. a signed contract - then frankly, you're stuffed. I hope you can prove me wrong though, the guy sounds a complete arse.
Kilworthfox Posted 10 November 2011 Posted 10 November 2011 Part of the research I've done it says a contract is legally bound after working 2 months (wether its written or not) as long as I am an employee rather than a worker. Right mate, basicly unless u have worked over 12 months you do not have a leg to stand on. You are owed the money you worked for! If he refuses to pay you the £650, then take him to small claims court
Zingari Posted 10 November 2011 Posted 10 November 2011 Has he got a new carer ? Explain to them what your experience has been like so as to warn them. Maybe if they are warned about previous ill treatment of carers they will explain to the old git that no one will be prepared to work for him in the future and that he should honour his debt to you . failing that i could ask doc singh to go round and put the frighteners on him ( just joking )
Dr The Singh Posted 10 November 2011 Posted 10 November 2011 Has he got a new carer ? Explain to them what your experience has been like so as to warn them. Maybe if they are warned about previous ill treatment of carers they will explain to the old git that no one will be prepared to work for him in the future and that he should honour his debt to you . failing that i could ask doc singh to go round and put the frighteners on him ( just joking ) What's happened o you is really sad, the least he could do is atleast pay you. I think you should go around and tell him to cough up, if not your gonna go to the courts, in a nice manner. If he still doesn't play ball, go to citizens advice bureau!!!
Smudge Posted 10 November 2011 Posted 10 November 2011 If you worked and have not been paid, you are entitled to sue him. You and he are in a contract which is binding whether written or verbal. Of course hiring a solicitor is expensive but they might just write a letter for you for a nominal fee. People don't like getting letters from solicitors and he might cave in. I should also have a chat with someone in the Citizens Advice Bureau 0116 285 2801 they may have a list of solicitors who might help. He is probably getting that money from the Social Services Department so you might ask them for advice. If he is getting money and not paying I imagine here are repercussions for obtaining money under false pretenses.
nuttytimmy Posted 10 November 2011 Posted 10 November 2011 He should pay you - to the extent that, so long as you have a written contract, you can take him to the small claims court - but beyond that you havn't got a leg to stand on. No contract means no legal challenge, and having worked for him for less than a year means he can pretty well fire you when he feels like it.
kyle09uk Posted 10 November 2011 Author Posted 10 November 2011 Just want to say a big thanks to all your responses so far and all of them are coming well together to give me a good idea of where I stand. I was in shock if I'm on honest. I hadn't been in the carers business for long but thought it would give me a bit of a good feel factor in knowing I'm helping someone but In all honesty its kind of put me off now How somebody can change just like that. I even went as far as weeding his whole Garden, cleared out all his rooms for him so he could move around easier etc. Anyway in reply to some of the posts... I have tried on numerous occasions to get hold of CAB and there almost impossible to get through to. He hasn't hired anyone else that I'm aware of as of yet but even the agency man that was there agreed that he's treated him badly too. Because he has The power to hire/fire he has been abusing it. He must of had about 6 different agency workers in. He got rid of one Because the agency worker had asked If he could go out for a fag but Billy (Employer) had specifically asked for a non-smoker. The funny part of it all is that he Got rid of an agency worker because he Didn't like him, sacked me and got him Back! Billy has paid me wages into my bank account 2 months in a row from when I was there so that in itself should be enough proof. I am/was down as an employee. He had some kind of HM Revenue PAYE installed onto his computer.
kyle09uk Posted 10 November 2011 Author Posted 10 November 2011 Oh and about unleashing Dr Singh on him you'd have to get through his private electrician and a neighbour a few doors down the road that he pays both £80 a month Incase he needs them to sort out anything. Luckily enough he doesn't have a guard Dog though
Head Honcho Posted 10 November 2011 Posted 10 November 2011 Try and get into some kind of correspondence with him. Write him a letter or email, explaining accurately what he owes you (dates worked and rates of pay) and how he intends to pay you back. If he inadvertently agrees that he does owe you the money, then you could possibly try the small claims court and you'd have evidence to prove that he owes you the money. He does however seem like a canny bugger so unlikely he will but good luck. Would also do what someone else said earlier. Find out if he had received money from social sevices to pay for your services. He'll need to prove that the service was indeed used and if he can't prove that, he could be liable for making a fraudulent claim. Include this in your letter or email.
Jon the Hat Posted 10 November 2011 Posted 10 November 2011 Also if he has deducted PAYE you might want to make sure he has paid that over to the HMRC or you might be liable to pay the tax and NI as well.
Jimothy Posted 10 November 2011 Posted 10 November 2011 Also if he has deducted PAYE you might want to make sure he has paid that over to the HMRC or you might be liable to pay the tax and NI as well. He won't be liable. He's already paid it by having it deducted from his wages, it's the employers job to hand that over to the HMRC, and is therefore the employers debt.
Jon the Hat Posted 10 November 2011 Posted 10 November 2011 He won't be liable. He's already paid it by having it deducted from his wages, it's the employers job to hand that over to the HMRC, and is therefore the employers debt. As long as he can prove it was deducted yes.
Jimothy Posted 10 November 2011 Posted 10 November 2011 As long as he can prove it was deducted yes. Yes but that's not what you said at first. You siad Also if he has deducted PAYE you might want to make sure he has paid that over to the HMRC or you might be liable to pay the tax and NI as well. If he has deducted PAYE he has nothing to worry about. The debt lies with the employer. You've said if he has deducted it, the employee may still be liable if the tax isn't paid over to the HMRC. Why would he be? That would mean he's paying it twice. You can just imagine BT or someone else big not paying their tax bill and the Revenue attempting to retreive tax and NI from millions of individual emplyees
Trav Le Bleu Posted 10 November 2011 Posted 10 November 2011 That's a rubbish poem though. But harsh decision. Possibly some other reason behind the scenes; who knows? As everyone has said however - you can be sacked for anything if you've worked less than a year. You're entitled to the missing wages though. Having said that you'll probably have to take him through small claims court and it's hassle vs reward vs potentially not winning (life ain't fair). Hope you get something soon.
Smudge Posted 10 November 2011 Posted 10 November 2011 Try and get into some kind of correspondence with him. Write him a letter or email, explaining accurately what he owes you (dates worked and rates of pay) and how he intends to pay you back. If he inadvertently agrees that he does owe you the money, then you could possibly try the small claims court and you'd have evidence to prove that he owes you the money. He does however seem like a canny bugger so unlikely he will but good luck. Would also do what someone else said earlier. Find out if he had received money from social sevices to pay for your services. He'll need to prove that the service was indeed used and if he can't prove that, he could be liable for making a fraudulent claim. Include this in your letter or email. Good point you have to get a letter off to him outlining what he owes you and make sure you send it by registered mail. I'd also confront him personally in front of a witness. After which make sure you and the witness write down exactly what was said and always record the date and time of any communication. Even if there isn't a written contract making sure you have everything documented will improve your chances of succeeding if it should go to court.
pSinatra Posted 10 November 2011 Posted 10 November 2011 An unfortunate story, considering everything that you both did for him. I don't know the in & outs of your working relationship, i.e. contracts. What I can say is that if you believe you have had wages unfairly withheld, it is possible to take him through the claims court & the employment tribunal service. I would suggest you do what others have already said & try to settle this in a more amicable way. If you are to write to him, make copies of any correspondence. I have taken a previous employer to court using the Employment Tribunal Service. It was a last resort on my part & I was worried that I would find it all very daunting. It really wasn't as bad as I thought. My previous employer had unfairly withheld money from my final wage & despite making several requests - it was not forthcoming. I made my claim online & the Employment Tribunal Service acted as arbitrator between the two parties. When it could not be resolved, it eventually went to court. I was shitting myself, as I was to represent myself & didn't have a clue what I would be doing. In court, the judge put my claim to the defendant & it wasn't so much about me putting forward my argument, as it was about the defendant justifying his position. The onus was completely on my previous employer to defend their argument. I won my claim & said very little.........apart from calling my ex -employer a t**t as I walked out. It would be beneficial for all concerned to resolve things before it ever got to that stage, but you should not be put off ever going down that road.
Rincewind Posted 10 November 2011 Posted 10 November 2011 Try the Community Legal Advice centre on Charles Street. They are free and would draft a letter for you. I am still waiting for my claim to come through though. My solicitor has returned to Sheffield, the receivers of my previous firm have not given the solvency office all the info needed. And the company that took over the site are fighting my claim for TUPE. So thats two lengthy tribunals. Anyway get down Charles Street you still have employees rights, how much I cannot say. For a start I would just write a short letter that you will be seeking legal advice after a certain date. Keep a copy and write down any conversations should he contact you. Other than that make sure he knows you know what you are doing whether you do know or do not know what you are doing.
DANGEROUS TIGER Posted 10 November 2011 Posted 10 November 2011 He must pay you money owed, if you can prove you worked the hours. Did you actually sign a contract prior to employment, which you both should have insisted on. Without one, it will be more difficult to prove but not impossible. However, if you do take legal action, and you lose, it will sadly cost you. In future, whatever employment you get, make sure you have a written contract, in order to protect yourself.
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