Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
What was the statement for, what did he sign exactly?
It was a statement of what was said at the meeting,
Hello, sorry I was offline by the time you had replied. What would this matter go to court for – is he thinking of making a claim against them or is he worried they may make a claim against him?
He is thinking of claiming for loss of earnings (hours he never got paid for) and verbal and physical abuse which lead to ill health.
Hi, sorry we keep missing each other. He is entitled to be paid for any hours he has worked for the company so if they are refusing to do so he can claim that this amounts to unlawful deduction of wages and make a claim to recover what he is due.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
If none of the above exemptions apply, the deductions will most likely be unlawful. In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
In terms of the ill health that would be more difficult to claim. All he can consider is a personal injury claim but the following considerations must be considered:
It is not that easy to win and he is best advised to consult with a personal injury lawyer, some of which may offer an initial consultation for free, to see if there is enough to justify taking this any further.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
The statement that he signed at the meeting would that stand up in court.
Yes it could...although only a Judge would have the final say. Although he may certainly challenge it by arguing it was signed under duress
Does this clarify your position?