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: Law
Satisfied Customers: 47354
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I had worked at a restaurant yrs and loved it very much

Resolved Question:

I had worked at a restaurant for 9 yrs and loved it very much but never fgot the hrs I had been constantly asking kept hoping and there were lots of broken promises. The guy who had my shifts was deaf so my employer get paid. The head chef felt sory for the worker and its for this reason it turns out I did not get them can I sue for loss of earnings non one ever said look if your waiting it will never happen they strung me along because I was by far there best worker so I was used. I did leave but then asked to come back for 25hrs a week apposed to just 12 so I left my 30hr a week job to help them as they lost two workers not long after I get there only 20hrs mths later they employ another disabled lad and say he could not work nights so I was put back to 12hrs a week then mths later kicked out for cheaper labour evan though I had ghot a new job but told them I wanted to stay. so for 9yrs been wainting for hrs lots of promises but no honesty not evan a sorry but it wont happen I have 2 business neither are a success through lack of funds so can I sue for loss of earnings as there were so deseptive??
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are you still working there?
Customer: replied 1 year ago.
Hello no not know
Customer: replied 1 year ago.
now lol
Expert:  Ben Jones replied 1 year ago.
When did you leave?
Customer: replied 1 year ago.
some mths now say as much as 4- 6 months ago
Expert:  Ben Jones replied 1 year ago.
So you had a contract for a specific number of hours but were not given these for 9 years running? Also were you ever paid for the correct number of hours?
Customer: replied 1 year ago.
Not always paid correctly no but this was not out of the ordernery for him no contract as such but always set hrs days etc
Expert:  Ben Jones replied 1 year ago.
ok the key is when you ere employed were you promised a specific number of hours or days' work per week or per month?
Customer: replied 1 year ago.
various times when this guy leaves you can have!!! his then in strolls a kid or I do get them but not long after a teenybopper comes along It was only on return to the job they both stated I could do 25hrs but it was only 20 then back two 12hrs a week I left a 30hr job for that 25 which as I said was 20hrs from day 1
Customer: replied 1 year ago.
more hrs were promised all the time but either never happened in 99% of the time and they did there were taken away or not the hrs promised like the 25
Customer: replied 1 year ago.
and when they did give them they were taken away for cheaper labour I am a kitchen porter aged 33
Expert:  Ben Jones replied 1 year ago.
Ok well the issue here is whether you had contract hours in place and if the employer breached that contract by not allowing you to work these hours. You had no written contract in place so it will come down to what was agreed at the outset. However, it would be your word against the employer’s and with no proof as to what exactly you were promised, it could be challenged by them. You would be relying on them actually admitting that they had specifically contracted you for a number of hours and failed to pay you for these. If they can successfully argue that you never had guaranteed hours and that you were working on an as-needed basis, then they could defend a claim. As you have now left and it has been more than 3 months since then, you can no longer use the employment tribunal to pursue this matter. Therefore, your only option is the county court. Also you can only go back 6 years so will not be able to claim for the full years. It would be up to you to prove that you had contracted hours in place and were not paid for them. There will also be a question as to why you continued working on the incorrect hours all these years, which would potentially allow the employer to argue that you had accepted the new arrangements, not having challenged it formally for such a long time. So overall, there is a potential for claim but I certainly would not say it is going to be an easy one or that you are guaranteed to come out of it with any sort of compensation. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to progress this and also a couple of ways you can try and prompt them to resolve this first, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Hi Ben the best things I have is text about the promised hrs and the unlawfull dismissal 5 star rating eh do they not have six if I were to push it could I claim that they effected my business growth obvious thing people would say is I should of left but loved the place people and job bizzarly thanks very much
Andrew Boff
Expert:  Ben Jones replied 1 year ago.
No you cannot claim for things like effect on business growth. If you were dismissed unfairly then you only have 3 months to make a claim for this so you look to be out of time to do this now unfortunately. All you can pursue them for is the hours you claim you were contracted to work but did not get paid for. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thanks for your time and all the best for you and your career,
Andrew Boff
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best to you too!

Related Law Questions