How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I am working for the same employer since Oktober 2013.in april

Resolved Question:

I am working for the same employer since Oktober 2013.in april 2014 i left in holyday and found out i was pregnant.after i came back i told my employer about my pregnancy from the very first day.after working for one week i got a text from my employer in the weekend that on monday i don't have to go back to work because the cofee shop will be closed until further notice.i was promised i will be paid as long the shop is closed. After 3 days all my coleagues walked out so my employer was not able to open .but instead of interwiewing for new staff they left in holyday for 2 weeks . I kept asking when will i go back to work but answer was either sick reason or not be able to find new staff..i was in stress everyday waiting to be told to start work. this was happening for 4 weeks .the fifth week they delayed my payment and i asked them for my wages. Then i was called for a meeting where i was told that if in one week they don't find a manager they will be forced to sell the bussiness to not face banktrupcy.i waited for that week money still has nit reach my account so i asked the again what is going on.the answer was trough a text saying that yes they will sell but they will put my name forward. And also that they need to give notice from that week and that they will come back to me and explain.i waited an explanation for 5 days then i text my boss again saying that already i have not been payed for two weeks and i need to know about it. The answer was they did not pay me because there was nothing left to pay me from my notice and they are waiting for the pay roll to sort out what i am owned.so the third week i got payed 56 pounds. I got really upset and told them they need to give me notice in writing and before payments will stop.she sayd all the paperwork i should be receiving in a couple of days but i stil got nothing.i was devasteted thinking to sue them but for my baby's sake i decided to let go even that ive lost maternal pay and everything. But today at 10 pm i have got a text that my boss's daughter wich is 17 will try to open and save the bussines and that if i am happy to return they will open in two weeks.now.. i need to be working for 26 weeks continuously upt to 11 or 15 weeks(not shure) before my baby is due.now because i have been dismissed i have lost that right anyway.wich makes me think that was their plan from the moment i told them i was pregnant.now i am 18 weeks pregnant and if i go back to work for them i am shure they will not treat me right and that will always be more pressure on me and i am affraid i am not going to manage. What do you advice me? I wish i could be able to get maternal leave or at least get the money i was owend before the notice even if it wasnt a writen one.now i really strugle with money as i had no ideea that i will not get payed anymore.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are you hoping to achieve in the circumstances?
Customer:

I just want to know what i can legally do

Customer:

To make my employer pay me for the 2 weeks ii already mentioned i did not get a writen notice yet

Customer:

Hello?

Customer:

When i will get an answer ? Is there a time you are online?

Customer:

Hello

Customer:

?

Ben Jones :

Hi, sorry I was offline by the time you had replied to my initial query. Before I provide my full response can I just clarify – were you officially dismissed by the employer or did you decide to leave yourself?

Customer:

I was dismissed but did not get notice in writing she just send me a text

Customer:

She also said i should get all the relevant documents by folowing day .that was friday .today is tuesday still did not get them . Makes me think she never sent them

Ben Jones :

Do you think the dismissal had anything to do with your pregnancy, or was it just due to the circumstances, which everyone else found themselves in too?

Customer:

I don't know what to think but to be honest she gave my coleagues no choice she even was rude to them so they got tired and left .. but now they are planning to open again but i wount be entitled to smp wich makes me think that it has a lot to do with my pregnancy.

Customer:

She interupt my 26 weeks of working there

Customer:

After telling us the shop was closed she wanted to have meetings with the staff but separate dates for everyone.making difficult for them to attend it

Customer:

It is hard to believe that she had a plan from the beggining but why else dissmiss me and after open the shop again? I never got an explanation for the notice and it was only mentioned in a text after i complained my wages are late

Customer:

I have never got a letter of dismissal or anything..

Customer:

She only said she sort out my payroll and payd me what she owend me 56 pounds. I mean is it not normal to give notice then stop payments?

Customer:

I told her i was not payd for allmost 3 weeks then she said " Ok Daniela sorry about that I will tell jay and get it sorted. We have decided we are selling shop as we have no other option, if we don't sell we are faced with bankruptcy. when we do sell the shop we will put your name forward and make sure they know what an excellent worker you are.We need to give you notice from this week. I will speak to you later and explain, I just have to take max to airport .

Customer:

I waited 3 days and asked her again what does she mean about notice and she sayd the reason i havent been payd is that shes waiti g fir pay

Customer:

Waiting for payroll to finalise what they owe me

Ben Jones :

You should not be treated detrimentally due to your pregnancy so if the employer’s actions had anything to do with that or an attempt to interrupt your entitlement to SMP. This could amount to discrimination based on pregnancy and/or gender, which is unlawful. Whilst there ,may be genuine reasons for terminating your employment, if there is anything that may suggest these were the actual reasons for this, then you do have a case to take forward.

Before you consider any formal action it is always best to try and resolve this with the employer directly. You can approach them and even mention that you are considering taking formal legal action, in the hope that they resolve this amicably with you.

However, if this does not happen, you have the option of taking the matter to the employment tribunal for a formal resolution. This is a forum where employees take employment-related complaints and they can hear a claim for discrimination if that is what actually happened. If you are successful you can be entitled to some compensation for the employer’s behaviour. Before you are able to claim you are expected to involve ACAS to try and mediate between you and the employer to try and reach some sort of an agreement but if that is not possible then you can proceed with the claim.

Customer:

What can i do in the case she m

Customer:

Never sent me the papers

Customer:

If she hasnt really dismissed me in papers if i am not going back to work for her can she say that i quit?

Customer:

If she has not dismissed me then she will have to pay me for this weeks?

Ben Jones :

a dismissal does not need to be done in writing if the employer still made it clear that this isd what they were doing, for example if they had communicated with you that you were being dismissed, even if it was done verbally. But if there was no dismissal then you are entitled to be paid up until this happens, including the time up to now

Customer:

Ok thank you.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer:

At the moment i have no more questions but will i be able to get back to you tomorrow?

Ben Jones :

yes you can, but I would be grateful if you could please select a rating for the response above as that is an important part of our process, many thanks

Customer:

Will i be entitled to pay up to now even if i am not going to work for them in future?

Customer:

I mean when they open the shop again in 2 weeks

Ben Jones :

you are indeed entitled to be paid up to now, assuming there was never a dismissal. You are entitled to be paid for your time up to the date your employment terminates

Customer:

Thank you

Ben Jones :

you are welcome

Customer:

I will rate it now

Ben Jones :

many thanks, ***** ***** button does not work, which sometimes it does not due to a bug you can just type your choice on here instead

Customer:

The button doesn't work but you have my excellent service button.

Ben Jones :

many thanks, appreciated

Customer:

What kind of proof i will need to proove that she dismissed me because my pregnancy?

Ben Jones :

well it has to be anything you can find really, anything that may suggest their actions were linked to that, that would obviously vary from case to case

Ben Jones and other Employment Law Specialists are ready to help you