Leaving my job

  Si_L 00:13 28 Dec 2008
Locked

I am leaving my current job and moving on to a new one, for personal reasons. The job I am leaving was at a pizza shop. I asked about the procedures for leaving, and mentioned untaken holiday pay, and the boss laughed at me. He said they were only a small place, and that I don't have a written contract (despite me asking for one on several occasions). He said he doesn't pay anyone holiday pay, and I wasn't going to get a penny from him. I don't have a written contract, and I am paid cash in hand (again, despite me asking for it to be put on payroll with BACS), but I think I am still entitled to statutory holiday pay. What is my best course of action?

Thanks

  WhiteTruckMan 00:21 28 Dec 2008

who specialises in employment law. Or a union if you are a member.

If you get no joy from this then if you feel sufficiently aggravated at the guy then go to the tax office and tell them all about him. You can be sure they will be interested!

WTM

  bluesbrother 00:46 28 Dec 2008

There's too many employers like that. It may be a small buisiness but I would bet his profits are not so small.
The chances are you will not get much joy going through a lawyer, though you never know, but if you speak to the tax man the next person who works for that guy may not get cheated.

  perpetual motion 00:52 28 Dec 2008

Well u kinda got him by the long & Hairy in a fashion however u might find u was breaking the law by working under thoses conditions, so id deffo do what the post's above me stated...

  Kevscar1 01:33 28 Dec 2008

WhiteTruckMan
Tax Office will not be interested. My wife worked at a Sub=Post Office for 3 months and they kept promising to pay her properly even told her their accountant was sorting it out. £rd time she quit and told Inland Revenue. They said it was to small for them to bother with and just worked out what tax she owed them.
E-mailed the Post office giving them the details and asking if they wanted to know which sub-post office it was and got no reply.

  beeuuem 03:48 28 Dec 2008

Look at click here
The fact that you don't have a written contract does not mean that a contract does not exist, it does from the moment you took the job.
Your local Citizens Advice Bureau should be able to help you. This will tell you where the nearest one to you is located click here

  Chegs ®™ 04:00 28 Dec 2008

I went to the CAB as I was in a similar situation,only my previous employer had sacked me as I was repeatedly requesting I was paid through the books.I was initially denied any benefits too as he told them I had simply left.I went to an employment tribunal and was awarded wages & holiday pay.

  tullie 04:50 28 Dec 2008

The term is "short and curlies"not "long and hairy" lol

  Quickbeam 07:29 28 Dec 2008

Try the Department of Work and Pensions click here & click here defrauding the government of national insurance contributions does get investigated as most of this lost revenue is an accumulation of fraud by 'small time cheats', it adds up to millions that we have to make the shortfall up from our legitimate earnings.

  octal 08:12 28 Dec 2008

Also ACAS is very helpful in this sort of thing as well. click here

  Forum Editor 09:48 28 Dec 2008

your employer doesn't have to give you a written contract of employment - it may be written, but it can equally well be entirely verbal, or a mixture of written and verbal.

What must happen, however, is that an employer must hand each employee a written statement, outlining the main terms of employment, and this must be done within two months of you starting work.

The statement must cover the following items:-

1. The name of the employer and employee

2. The date when employment began

3. Details of pay and when it will be paid

4. Hours of work

5. Holiday entitlement

If you were not handed such a document your employer acted illegally. The statement doesn't constitute a contract of employment, but it can be referred to in any employment tribunal hearing or other dispute.

Have a word with ACAS, as suggested by octal.

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