Owed money and don't know whether to see a lawyer?

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KateeLouise

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Hi geeks, I was sacked from my job in October 2011 and she paid me my wage at end of the month, I had a contract with the salon and I only just readed it through, I was on 2.10 per hour as a junior hairdresser aged 19, but the minimum wage for an apprentice is 2.50 now 2.60, I was in my second year and should I been paid minimum wage for a 19 year old?do you think I could get her to pay me what I am owed? Help and advice please xx
 

Lil'Gem

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I think that you may have left it to long I'm afraid. You have 3mths to make a claim at employment tribunal, they will only consider a claim after this time in exceptional cases. I would check with citizens advice just incase I'm wrong. HTH
 

HollyGold

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I also think you may have left it too long.

Maybe try speaking to the owner first, you will have to pay lawyer fees ect so it might be more hassle than its worth. X
 

collin

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go immediatley to citazens advice and they will tell you where you stand as well as take action on your behalf if nessesery...all free
HTH:wink2:
 

KateeLouise

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Thanks geeks very appreciated x
 

bombini

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go immediatley to citazens advice and they will tell you where you stand as well as take action on your behalf if nessesery...all free
HTH:wink2:
I agree get to citizens advice asap. My initial feeling is that its to long. Years ago when I left my job at spa I realised that since I'd worked there id been on a 40hour week but only paid for 39 hours.
I started procedures to take it to a tribunal and the hotel tried to drag it out as long as possible so that I would miss the 3 month cut off date but I didn't back down and got my money.
 

KateeLouise

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I agree get to citizens advice asap. My initial feeling is that its to long. Years ago when I left my job at spa I realised that since I'd worked there id been on a 40hour week but only paid for 39 hours.
I started procedures to take it to a tribunal and the hotel tried to drag it out as long as possible so that I would miss the 3 month cut off date but I didn't back down and got my money.
Fingers crossed I can get my money :) xxx
 

collin

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Only-me

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Hi geeks, I was sacked from my job in October 2011 and she paid me my wage at end of the month, I had a contract with the salon and I only just readed it through, I was on 2.10 per hour as a junior hairdresser aged 19, but the minimum wage for an apprentice is 2.50 now 2.60, I was in my second year and should I been paid minimum wage for a 19 year old?do you think I could get her to pay me what I am owed? Help and advice please xx
Hi hun,
2 things spring out to me - firstly they may say you should have read your contract.. secondly it is their responsibility to increase and keep a track on your salary - not for you to chase.

I suppose you could go through the small claims court BUT if it were me I would write a letter stating the facts for example salary you were on and the increase etc... if it is written correctly they may agree to reimburse you the difference as they won't want a court case etc...

If you would like me to help you put a letter together I can do just pm me..? Why do I offer - I used to work in a Solicitors and sort of picked up the wordings on letters...
or you could google your query and loads of templates will pop up

I wouldn't go through the court and citizens advice is good but it may get the back up of the salon - I believe you can look into this and see where it goes.. time isn't an issue just yet but be quick x
 

KateeLouise

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I was on my 2nd year so shouldn't I been getting minimum wage, I have looked on Internet and said I should have been getting the relevant min wage for a 19 year old x
 

KateeLouise

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Just added up what she owes me if I am ment to get minimum wage on my 2nd year apprenticeship at 19 years old and it's about 522+ xx
 

1357c

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Hope this helps
 

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1357c

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KateeLouise

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I have rung the work and national wage help line they have said that due to signing a new contract with her I will only get £2.50 since of the employment, but I have just red this in my contract which I still have: the employee's employment with the employer began on 26th September 2010, the employee's continuous employment, taking into account any service with employer and with any previous employer which counts, bagman on September 2010'm what does this mean? That my apprenticeship is still been carried over of you get me? I turned 19 30th October 2010 so should I got minimum wage then? Xx
 

KateeLouise

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I have read this loads of times it's confusing is the situation , because my new boss took over 26th September 2010, she changed the salon name in the new year and gave me my contract 14th June 2011, so don't no if it applys to me getting minimum wage from when I turn 19 even though was my 2nd year xx
 

classixuk

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If I understand what you are saying correctly:
1. Your contract of employment states that your employment began in September 2010.
2. You were sacked 12 months later.
3. During those 12 months you turned 19?

If that's correct then it would seem you were an apprentice with her for 1 year...therefore you were entitled to the apprentice rate.

It's a real shame the law says apprentices over 19 only get 12 months before needing to be paid higher wages because it means lots of good people like yourself end up on the dole. ;(
 

KateeLouise

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So even though I was on my 2nd year of my apprentice 1st year with her means I can't get minimum wage? X
 

classixuk

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So even though I was on my 2nd year of my apprentice 1st year with her means I can't get minimum wage? X
Yes. Your contract stated that all previous employment was considered to begin in September 2010. This is quite normal. I do think the law should be changed though to allow apprentices of any age to be entitled to apprentice rates until they are qualified. It seems such a waste that people like yourself don't get to finish their training due to the stupid 12 month rule. :(
 

KateeLouise

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Yes. Your contract stated that all previous employment was considered to begin in September 2010. This is quite normal. I do think the law should be changed though to allow apprentices of any age to be entitled to apprentice rates until they are qualified. It seems such a waste that people like yourself don't get to finish their training due to the stupid 12 month rule. :(
thank you x
 

KateeLouise

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Yes. Your contract stated that all previous employment was considered to begin in September 2010. This is quite normal. I do think the law should be changed though to allow apprentices of any age to be entitled to apprentice rates until they are qualified. It seems such a waste that people like yourself don't get to finish their training due to the stupid 12 month rule. :(
i finished my training in december 2011 due to going back to college to finish,i was sacked in october 2011.
but thats for all the input really has helped me understand more.

the hmrc are investigating the salon i used to work for as she wasnt even paying me apprenticeship rate one month i got paid £1.79 a hour :eek: so said i could possibly be getting some money back, fingers crossed i hit the jackpot lol not putting my hopes up though as might just get £10.00 back knowing my luck x
 

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