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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi the firm I was working for, a bookies, has been taken

Resolved Question:

Hi
the firm I was working for, a bookies, has been taken over by Paddy Powers. We weren't really consulted, we have gone from weekly to twice monthly wages, but the main thing is I haven't been paid for double sunday and bank holiday hours. I have been in contact since the end of jan, been put into financial trouble, been told it has been sorted out but now it doesnt seem I will got whats owaed until 25th of feb. I should have received more money in my december pay.
I realise they have sort of complied with TUPE laws, but every one blames each other for non-payment, I have been told I am the only one questioning this, and then found out other transferees haev enquired.
I have had to attend a disciplinary, unrelated, when I was treated more severely than Paddy Power employees, even though I was officially a trainee of 2 weeks with the firm. I was just wondering if I had any claim saying the TUPE laws were not being followed.
I also have a document saying we would be paid our double hours, no problem
Some people have been paid( but late), their are others in the same boat as me
Thanks for any advice you may be able to offer
XXXXX XXXXX
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello my name is XXXXX XXXXX I happy to help you. How long have you worked there in total and are you saying you haven't been paid in accordance with your original contract of employment?
Customer:

Hi Jenny

Customer:

We got taken over on nov 22nd, we have had our old contracts carried over, I received a letter from Paddys telling me I have continuous employment from feb 7 2013, which was my start date with the previous employers who were taken over, So, basically ,yes, I haven't been paid in accordance with my contract

Customer:

Thanks Dave

taratill :

Hi Dave, so to be clear your original start date was 7 Feb 2013?

Customer:

yes

taratill :

Ok under the TUPE regulations you have the right to transfer under your original terms and conditions of employment so if your employer fails to pay you in accordance with your original contract then you can bring a claim for unlawful deduction from wages in respect of the failure to pay double time in accordance with the original contract. You should raise a formal grievance first and if this does not resolve matters you can raise a claim at www.employmenttribunals.gov.uk

Customer:

Hi

taratill :

Normally you need 2 years service to claim unfair dismissal but if your employer attempts to dismiss you on this basis you would be able to claim it is unfair due to the fact that it is unlawful to dismiss someone who is attempting to enforce their statutory rights (which is what you are doing).

taratill :

If you have any further questions about this please do ask.

Customer:

I have already raised a formal grievance on friday. I received an email on tuesday saying it was sorted out, implying I would get the owed money on feb 5th. I spoke to him on wednesday, when I didn't get the money and he said,'Dave, you are right this is unacceptable, blah blah blah, I will speak to HR'

taratill :

Ok well you need to escalate it and say that it is unacceptable. You should write to say they have 7 days to pay you or you will have no alternative but to claim.

Customer:

I have sent the exact details of what i am owed about 2-3 weeks ago. I then received a voice mail on my day off on thursday, telling me to ring the person in hr/ wages. I phoned him all day friday until about 3, no answer, started a grievance procedure. Th ehr person then rang me suddenly, denied knowledge of the grievance procedure, said , again, this is not right, I will sort it.

taratill :

Ok you can raise a claim immediately if you want as you have obviously made them aware of the situation. Tactically though, it is probably best to give them a deadline in terms of a number of days as you will want to maintain an ongoing working relationship.

Customer:

An email then came out saying that the other people in the same boat would have there claims looked into and be paid on feb 25th. At the bottom it said PS Dave yours is sorted, but the money never arrived.

Customer:

I have been after some sort of payment from the beginning of jan, put the hours through their system, as we were told to on jan the 8th and yet still no money. I have told them it is putting me in financial trouble, making me ill, but nothing has happened. I may get the money on feb 25th. Other people, from the same takeove have been paid their money

Customer:

Also, someone else has already resigned and is looking for constructive dismissal. I did read in the TUPE laws that if it is not done correctly employees can claim up to 13 weeks wages

taratill :

Hi you do not have enough service to claim constructive dismissal as you need to have been employed for 2 years to have adequate service to claim. You can claim in breach of contract for any losses arising from the failure to pay such as overdraft charges etc. The award you refer to of 13 weeks pay is to do with a failure to consult prior to a TUPE transfer, it may be that if you were not given information you could claim this.

taratill :

As regards XXXXX XXXXX problem I would suggest you give them a deadline to pay you, as I have already suggested. If you can demonstrate other financial losses then you can also set these out. If you are not paid within 7 days then you can raise a claim using the form you will find at www.employmenttribunals.gov.uk

taratill :

You should not have to wait until 25 February.

Customer:

I thought it was the £500 to each employee if the transfer wasn't consulted on properly. Are you basically saying there is no case to answer, from the info I have given, re non-payment, through TUPE?

Customer:

I have sent many emails to my manger and HR about the non paymnet. I have kept thge wolf from my door by selling my records and putting more money on my credit cards

taratill :

No I'm saying you are entitled to the money that you have not been paid, I have suggested you send them a letter to say if you are not paid within 7 days you will claim in breach of tupe in the employment tribunal. You do not have to send a letter before action if you have already raised a greivance but it can sometimes help to be specific.

taratill :

The claim form can be found at www.employmenttribunals.gov.uk

taratill :

The claim should be:

taratill :

1. Unlawful deduction from wages

taratill :

2. Breach of contract - you should set out the exact damages, interest and credit card charges etc.

taratill :

3. Failure to consult under TUPE.

taratill :

On the basis of what you say you will win on the unlawful deduction and breach of contract claim. With regards XXXXX XXXXX it will depend on exactly what measures were taken by your ex and current employers and will be a matter of fact for the tribunal.

taratill :

If you have any further questions please do ask.

Customer:

I think the consultation is probably done correctly as my ex boss has sold shops to Paddy's previously but I think there is something a little deeper going on with Paddy's deliberately trying to upset some ex-metrobet employees, i think they really just wanted the shops, and jobs were advertised for the shops they took over before they took over

taratill :

Ok well it is not worth claiming for that in all honesty as the award is only made if there is no genuine effort to consult, which is not the case here.

taratill :

All the best with your claim. AS I have said they should pay up. It is likely that it will not get to tribunal as you are clearly owed the money on the basis of what you say.

taratill :

Please remember to rate my answer and I will be happy to answer any follow on questions you may have.

taratill :

Have a great weekend.

Customer:

There is no reason why i shouldn't have been paid when others have. i am suggesting it is more of a personal 'attack', as I mentioned in my first query I have been dealt with more severely in a disciplinary case ( not challenging someone who is over 18 but under 21) than Paddy's employees of longer service. i was a trainee working with experienced Paddy's employees, yet I got a more severe reprimand

taratill : Yes but the problem here is your length of service. You cannot claim constructive dismissal until you have been employed for 2 years so whilst you can claim your money back there is no claim you can bring in this regard unfortunately.
Customer:

So they are allowed to cause me stress, lie to me, mislead me, discriminate against me, because I haven't been employed for 2 years

taratill : Hi in the uk there are limited employment rights until
taratill : You are employed for 2 years unless you are discriminated on the grounds of your age, sex, race, religion, pregnancy or disability there is nothing you can do.
taratill : I am sorry about this, I do not make the law and agree it is unfair but it would be wrong for me to say you could bring s constructive dismissal claim in these circumstances when you cannot.
Customer:

Hi. I know that corporation law defends the institution against the individual. The fact that no one ever gets in trouble from the financial institutions even though they cheat and lie to their own customers.

Customer:

Anyway thanks for your help

Customer:

Dave

taratill : Well the main thing is you can get the money you are owed. Please remember to rate my answer as I am not otherwise credited for my time. All the best.
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