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bent_bananna
Advanced Member
United Kingdom
566 posts
Joined: Mar, 2005
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 Posted - 2007/09/07 : 12:12:37
Can anyone help me with this?
I worked at a small company for just over a year and i left last week. I was paid til the end of the month but didnt go in for the last week. My ex boss is now saying a owe him this money and is threatening to go to civil court. I never had a contract with this company so could anyone tell me where I stand?
Thanks
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whispering
Moderator
Finland
8,453 posts
Joined: Nov, 2002
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Posted - 2007/09/07 : 12:21:19
So you were paid for a month, but you only worked for week less? Id say you owe them. Dont know the UK law, but if i remember right, here if e.g. a bank makes an error an puts too much money on your bank account, they can take it back. There was actually a huge media fuzz about peoples pensions. They were payd little too much, but it was payd for like years. So it summed up to a lot of money, and the government was asking it back, and they had every right for it by the law. Of course it was immoral to ask loads of money from their errors from poor people, so eventually the ones that couldnt pay didnt have to pay.
When i was young i worked as a pizza delivery guy and was once paid little too much. My boss said he would freeze it from the next pay check, and we got to talk about if i didnt work there next month would i have to pay it, and he said yes.
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Edited by - whispering on 2007/09/07 12:29:15 |
__CMC__
Advanced Member
United Kingdom
593 posts
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Posted - 2007/09/07 : 12:26:40
tel they guy go f*ck him self, if he wants to take you to court you'll see him there!
The cost of taking you to court would be greater than you pay i would imagine so he'd probably just cut his loses
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bent_bananna
Advanced Member
United Kingdom
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Posted - 2007/09/07 : 12:37:04
yeah basically they paid me a months wage and i worked 3 weeks. My main concern is that i didnt have a contract so does that mean they cant do anything about it?
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bulby_g
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United Kingdom
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Posted - 2007/09/07 : 12:37:40
quote:
Originally posted by __CMC__:
tel they guy go f*ck him self, if he wants to take you to court you'll see him there!
The cost of taking you to court would be greater than you pay i would imagine so he'd probably just cut his loses
I'm not 100% sure on this but I think you would have to cover their court costs as well as pay the outstanding money if you lost the case...
Not too sure on where you stand? I must admit I thought it was against the law to employ without a contract of some sort.
Speak to citizens advice!
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Edited by - bulby_g on 2007/09/07 12:39:59 |
bent_bananna
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United Kingdom
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Posted - 2007/09/07 : 12:39:44
would i lose the case though if i had no contract?
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bulby_g
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United Kingdom
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Posted - 2007/09/07 : 12:41:13
Speak to citzens advice, they will be able to help you.
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bulby_g
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Posted - 2007/09/07 : 12:47:39
Just had a word with my boss for ya and you're pretty much stuffed mate, I'd pay it back if you can.
Did you ever get sent a letter/e-mail offering you the job?
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bent_bananna
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United Kingdom
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Posted - 2007/09/07 : 12:49:08
no nothing at all. i was theyre first employee. 2 brothers own the company. I literally started there, got paid every month, then left.
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bent_bananna
Advanced Member
United Kingdom
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Joined: Mar, 2005
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Posted - 2007/09/07 : 12:59:48
Just to add to the situation aswel i had 6 days hoiday which they are sayin i owe them for because i had the holidays in advance without earning them. Do i have to pay those back since i didnt have a contract?
I'm confused but i dont really wanna speak to citizens advice. :(
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clarke101
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United Kingdom
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Posted - 2007/09/07 : 12:59:59
Get some proper legal advice from someone specialising in employment law.
The only thing you have thats going for you is the lack of an employment contract. Not sure how that would affect the case but if you were under a contract of employment you would more than likely end up paying back the money plus any court costs and legal fees incurred by the other party.
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silver
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Japan
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Posted - 2007/09/07 : 13:13:13
Why didn't you work the last week? If you have been there for 1 year and taken no holidays you could claim you took the last days as holidays but only if you said that your last day was the end of the month and not the 3rd week.
Otherwise if he made a mistake and paid you too much you will lose in court.
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whispering
Moderator
Finland
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Posted - 2007/09/07 : 13:37:53
Did you work there legally or illegally? Meaning did you pay taxes? If you did, then do what clarke101 said.
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Da Cunney Bugz
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United Kingdom
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Posted - 2007/09/07 : 13:58:23
pay him back ,wouldn't get into too much hassle for what its worth
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bulby_g
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United Kingdom
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Posted - 2007/09/07 : 14:21:58
Apparently just coming into work after you have been offered a salary (even verbally) counts as a contract. You are within your right to ask for a written contract within 2 months of being there but they do not HAVE to give you one.
You're in the wrong and don't have a leg to stand on I'm afraid.
You will also owe any holiday you haven't earned yet, yes.
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__CMC__
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United Kingdom
593 posts
Joined: Aug, 2007
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Posted - 2007/09/07 : 14:47:04
Think this is getting blew out of proportion here!
1 week = what approx £500
i can't see any employer going through the hassle of taking this to court for that!
@ bulby_g
yes i know that there is a sligh chance in that however with the court system it seems to be only a small percentage of the fees would be payable by the losing party
My personal opinion
I would tell him sure i will pay the money back but first you will need to come here and suck on my left testicle while your brother suck on the right and until you are willing to do that f*ck off and don't contact me again!
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