evilstoat Posted February 28, 2009 Report Share Posted February 28, 2009 (edited) a couple of months ago i was working for a firm, which was fine to start with, then one of the owners of the firms' daughters joined. She upset alot of characters including me, to the point i felt no option but not to go back, it was an on-call basis job, and i just never told them when i was available. they did call and ask me if i wanted to go back, i said i would, but didn't tell them the dates i was available again, as i had second thoughts, and was also working elswhere at the time. they sent me a letter telling me my employment was terminated, no reason ect. and to return the uniform and badge, within 14 days, well i ignored the letter as i had so much family stuff going on, that just didn't seem important at the time. I get another letter today telling me if i don't return the uniform within 14 day again that they will issue preceedings at the small claims court for either uniform or money if i haven't got it in my possession still. I called them and left a message as nobody answered and said that they will get their uniform back when they either deposit my month in hand i worked ( i had to work a month in hand then they paid a month in arrears) or gave it to me, and my P45. can i hold their property until i get the money they owe me? cheers chaps Rod Edited February 28, 2009 by evilstoat Quote Link to comment Share on other sites More sharing options...
webber Posted February 28, 2009 Report Share Posted February 28, 2009 There are two sides to every story, but on the face of it I wouild say that you are in breach of contract. It would be better to try and resolve the issues without going to county court, as I cant see how you could win, and you would end up with costs as well. Give your employer his property back. He should then pay what you are owed and issue a P45. I'm not sure that the employer is right in with holding your money etc. However he could claim that you are using his uniform, and passing off as working for the company when you are not, this could get messy. Give theguy his clobber back. Then if you dont get your money, you ca take him to small claims. webber Quote Link to comment Share on other sites More sharing options...
evilstoat Posted February 28, 2009 Author Report Share Posted February 28, 2009 There are two sides to every story, but on the face of it I wouild say that you are in breach of contract. It would be better to try and resolve the issues without going to county court, as I cant see how you could win, and you would end up with costs as well. Give your employer his property back. He should then pay what you are owed and issue a P45. I'm not sure that the employer is right in with holding your money etc. However he could claim that you are using his uniform, and passing off as working for the company when you are not, this could get messy. Give theguy his clobber back. Then if you dont get your money, you ca take him to small claims. webber Thanks for the advice, i was thinking that might be the best option cheers Rod Quote Link to comment Share on other sites More sharing options...
V8landy Posted February 28, 2009 Report Share Posted February 28, 2009 You should always be the bigger man, school boy stuff does not work in the real world. Quote Link to comment Share on other sites More sharing options...
harv Posted February 28, 2009 Report Share Posted February 28, 2009 Just return the uniform, you holding a grudge against the daughter is pointless as you are now working elsewhere but remember you may need a reference in the future. They cannot hold or deduct wages owed unless stated in your terms and conditions of contract i.e. for replacement of lost or damaged equipment issued to you, they are aware of this that is why they mention the small claims court. Quote Link to comment Share on other sites More sharing options...
henry d Posted February 28, 2009 Report Share Posted February 28, 2009 Citizens advice bureau Quote Link to comment Share on other sites More sharing options...
Mungler Posted February 28, 2009 Report Share Posted February 28, 2009 As above, give the uniform back to them (it is theirs after all) and then ask for your money (or work out sort some sort of exchange). Obviously some might want to wipe their bottoms on the uniform (and such like) before handing it back, but that of course would not be my advice Quote Link to comment Share on other sites More sharing options...
Gordon R Posted February 28, 2009 Report Share Posted February 28, 2009 (edited) If you return the uniform etc - you are then in the right. If they do not pay you what they owe you, this puts them in the wrong. It is better, as a generality, to be sueing someone, than them sueing you. You can do small claims on-line:- https://www.moneyclaim.gov.uk/csmco2/index.jsp Edited February 28, 2009 by Gordon R Quote Link to comment Share on other sites More sharing options...
ROB REYNOLDS UK Posted February 28, 2009 Report Share Posted February 28, 2009 if they have sacked up which they have the law states that they have to give you your p45 and all money oweing to you before you leave there grounds ..so they have got to give you your money oweing .dont leave there office till they do .. Quote Link to comment Share on other sites More sharing options...
kev 1 Posted February 28, 2009 Report Share Posted February 28, 2009 Some good advise there fella Quote Link to comment Share on other sites More sharing options...
MM Posted February 28, 2009 Report Share Posted February 28, 2009 ask to come back to work for them. get the daughter on side, take her for a drink, rattle her boots , and post pics on web Then they might give you your cash. Quote Link to comment Share on other sites More sharing options...
evilstoat Posted February 28, 2009 Author Report Share Posted February 28, 2009 (edited) Just return the uniform, you holding a grudge against the daughter is pointless as you are now working elsewhere but remember you may need a reference in the future.They cannot hold or deduct wages owed unless stated in your terms and conditions of contract i.e. for replacement of lost or damaged equipment issued to you, they are aware of this that is why they mention the small claims court. there is no grudge at all, i even considered working with her again, she was made senior as her father was part owner of the business, but she is so unprofessional, she would get me into deep water if i stayed, she almost got me arrested for contempt of court by trying to argue with me during court, and fell alseep at the wheel almost binning the vehicle we were in. ask to come back to work for them. get the daughter on side, take her for a drink, rattle her boots , and post pics on web Then they might give you your cash. if only i was single eh she aint that nice though I did return the uniform, and had a good chat with the other partner of the business, she was very nice, as always, they told me 15 different ex employs still have their uniform and have not returned them, i did ask her about my money, she seems to think i have had all of it, but i still think they owe me for a couple of jobs i did for them, she is looking into it she says. Edited February 28, 2009 by evilstoat Quote Link to comment Share on other sites More sharing options...
LeeinVA Posted February 28, 2009 Report Share Posted February 28, 2009 there is no grudge at all, i even considered working with her again, she was made senior as her father was part owner of the business, but she is so unprofessional, she would get me into deep water if i stayed, she almost got me arrested for contempt of court by trying to argue with me during court, and fell alseep at the wheel almost binning the vehicle we were in. if only i was single eh she aint that nice though I did return the uniform, and had a good chat with the other partner of the business, she was very nice, as always, they told me 15 different ex employs still have their uniform and have not returned them, i did ask her about my money, she seems to think i have had all of it, but i still think they owe me for a couple of jobs i did for them, she is looking into it she says. They always say that, but i hope to god you get what is rightfully yours Quote Link to comment Share on other sites More sharing options...
evilstoat Posted February 28, 2009 Author Report Share Posted February 28, 2009 (edited) They always say that, but i hope to god you get what is rightfully yours Cheers Lee but i'm not holding my breath after them taxing me over £500 over a two month period for some reason, i know i was on BR tax code but thats just robbery Thats one of the reasons i want the P45 so i can see what tax rebate i am due while working for them Edited February 28, 2009 by evilstoat Quote Link to comment Share on other sites More sharing options...
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