Unfair dismissal, holiday pay and what should I do next?

[BettyBaa1994]

Hello, I was in the process of leaving my job and my last day was the 20th December however was dismissed a week before that without pay. My boss claim it was due to 'bad mouthing' her to a new therapist however I only told the truth when asked regarding why I was leaving. I was leaving due to late pay sometimes by a month.

:Look_righ I ask whether I am still entitled to holiday pay and the day in lieu as I was given no notice for?

:Look_righ would you say this is unfair dismissal?

p.s. the last girl who worked there before for a year recieved no holiday pay, I have no pay slips as found out boss was not paying my taxes i.e nin on my part time zero hour contract salary. I was not claiming any benefits and had no knowledge of this mal-practice. Will I still get in trouble? If i go through acas will hmrc find out?

 

[The beauty lady]

Hi, first off did you hand over all of your details about ni and banks and stuff? If not the I wouldn't personally risk anything due to the fact that they could possibly say it was partially your fault. Also if you have been there under I think 2 or 3 years you don't stand much fight in the side of unfair dismissal. For the holiday pay you can take them to a tribunal which is relatively simple as long as you can work out on paper how much your owed and how you came up with that amount. X

 

[libbylou]

If you was part time on minimum wage, then neither you or your employer would have had to pay tax & N.I. , you would have not earned enough. You should by law receive a wage slip, at least every month, either in paper form or electronically by @mail etc. You are entitled to holiday pay, so work it out on the hours you were contracted to work. The dismal as a result of you bad mouthing your employer, could be classed as gross misconduct , i.e. sabotage against the employer. So to claim unfair dismal over a weeks wages, would not be worth bringing to court, i doubt very much the court would even process it due to the small sum involved. I would just ask for any holiday &days worked money owing and leave it at that. In future it may be wise to keep your thoughts to yourself , until you have collected a reference and all money owing. x

 

[BettyBaa1994]

Thanks for the guidance, I did give her my NIN and all my paper work. Regards to the gross mis-conduct is it still gross mis-conduct if I told the truth.

It was a statement of fact that she had continually paid me a month sometimes more late and it only happened to me.

Furthermore regarding work conditions my boss did not provide a microwave and so I bought a mini-oven she told me not to come to collect it as she would drop it round my house. It has been a month and she has still not given it back to me...

 

[BettyBaa1994]

If you was part time on minimum wage, then neither you or your employer would have had to pay tax & N.I. , you would have not earned enough. You should by law receive a wage slip, at least every month, either in paper form or electronically by @mail etc. You are entitled to holiday pay, so work it out on the hours you were contracted to work. The dismal as a result of you bad mouthing your employer, could be classed as gross misconduct , i.e. sabotage against the employer. So to claim unfair dismal over a weeks wages, would not be worth bringing to court, i doubt very much the court would even process it due to the small sum involved. I would just ask for any holiday &days worked money owing and leave it at that. In future it may be wise to keep your thoughts to yourself , until you have collected a reference and all money owing. x

Thanks for the guidance, I did give her my NIN and all my paper work. Regards to the gross mis-conduct is it still gross mis-conduct if I told the truth.

It was a statement of fact that she had continually paid me a month sometimes more late and it only happened to me.

Furthermore regarding work conditions my boss did not provide a microwave and so I bought a mini-oven she told me not to come to collect it as she would drop it round my house. It has been a month and she has still not given it back to me...

 

[libbylou]

Sorry to sound harsh , but regardless if you were only telling the truth or not, it was not your place to say it. Regardless if your employer provided a microwave oven or not, that does not count for Unfair working conditions. There are still people getting killed in the workplace , so providing a microwave is bottom of the list, in unfair conditions. You say she owes you 1 day holiday pay, probably given the circumstances you are better leaving this one go. I do not know what you wont to hear , but you had a part time contract with zero hours, YOU handed your notice in, then proceeded to BAD MOUTH YOUR EMPLOYER TO NEW STAFF, IN THE WORK PLACE. What did you expect ? Of course you would be fired, Unfair dismissal you will find hard to prove. So maybe it is time you just moved on, and enjoyed your new employment.

 

[BettyBaa1994]

Sorry to sound harsh , but regardless if you were only telling the truth or not, it was not your place to say it. Regardless if your employer provided a microwave oven or not, that does not count for Unfair working conditions. There are still people getting killed in the workplace , so providing a microwave is bottom of the list, in unfair conditions. You say she owes you 1 day holiday pay, probably given the circumstances you are better leaving this one go. I do not know what you wont to hear , but you had a part time contract with zero hours, YOU handed your notice in, then proceeded to BAD MOUTH YOUR EMPLOYER TO NEW STAFF, IN THE WORK PLACE. What did you expect ? Of course you would be fired, Unfair dismissal you will find hard to prove. So maybe it is time you just moved on, and enjoyed your new employment.

NO she owes me the full holiday pay at 109 hours, she has TAKEN MY mini oven and has not given it back. Difference. I asked am I still entitled to the holiday pay after dismissal?? and can I go there with prior warning to collect it.

 

[BettyBaa1994]

They have told me I am still entitled to full holiday pay even after dismissal.

 

[Julie-Liz]

You are entitled to your holiday hours because you did earn them but it depends when the new entitlement goes on (some places say take them by January or they cannot be used) as to how many you are really entitled to.
As for your oven you can get a solicitors help to get it back but wouldn't it better if you just rang up n asked? If they refuse to talk to u or return it u can take them to a small claims court for its return.
And I don't think you were unfairly dismissed beings you said negative things to staff about the boss. Any qualms you had with them should not be said to staff I'm afraid. I don't mean to be offensive but I would take that very seriously and either give you a final written warning or dismissal too. I'm sorry your employment with them ended badly.

 

[AcidPerm]

As it happened in December, was your ex-employer related to Scrooge?

Not paying you on time as a regular occurrence and then dismissing you without proper notice on very flimsy grounds. B'ah humbug indeed! Sounds like you're much better off out of there.

Some employers get away with treating staff badly because unfortunately, not enough people complain. Definitely pursue your claim for holiday pay and give her 24 hrs to return your oven otherwise you'll be reporting it as Theft.

I completely disagree with those saying that you were at fault here.
Not paying you on time is ILLEGAL especially as it wasn't a 'one-off'.

 

[libbylou]

Seriously are you that concerned about a microwave oven ? Any holiday pay you are owed , as long as you can prove you have worked the said hours , then you must be paid for them. But if your biggest gripe is a micro wave oven , then pls let it be. There are far worse things happening within the work place then this.

 

[BettyBaa1994]

Seriously are you that concerned about a microwave oven ? Any holiday pay you are owed , as long as you can prove you have worked the said hours , then you must be paid for them. But if your biggest gripe is a micro wave oven , then pls let it be. There are far worse things happening within the work place then this.

It is not about JUST a microwave oven. I paid a fair bit for it and she said she will be calling the police after I asked for holiday pay accrued that's when problems started. She claims I bad-mouthed her to staff and CLIENTS but in hindsight this cannot be true as we had very few regulars and I NEVER got to talk to clients about my boss.

So this is why I say UNFAIR dismissal where is the proof? She just text me with a wide array of accusations when she dismissed me.

 

[BettyBaa1994]

As it happened in December, was your ex-employer related to Scrooge?

Not paying you on time as a regular occurrence and then dismissing you without proper notice on very flimsy grounds. B'ah humbug indeed! Sounds like you're much better off out of there.

Some employers get away with treating staff badly because unfortunately, not enough people complain. Definitely pursue your claim for holiday pay and give her 24 hrs to return your oven otherwise you'll be reporting it as Theft.

I completely disagree with those saying that you were at fault here.
Not paying you on time is ILLEGAL especially as it wasn't a 'one-off'.

thanks. I just hopefully will get holiday pay as she has said she will be calling the police if I come to get my mini-oven. I also now believe the reason for dismissal to be fabricated as she text me a long list of accusations after asking for holiday pay as reasons for dismissal. This included me 'stealing' my tips- I have asked for details but she will not provide. I have further looked into unfair dismissal and I have a case as HOW SHE HANDLED THE MATTER was unfair. There was no investigation or evidence given just her telling me I was dismissed via text.

 

[MrsHBeauty]

How long have you worked there?

 

[AcidPerm]

I'd doesn't matter what made-up allegations she throws at you, even if legally dismissed for Gross Misconduct (which this clearly isn't) you are entitled to holiday pay.

You bought the microwave oven, it is yours. She is preventing you collecting it. That is THEFT.

Theft Act 1968

Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

I would also contact HMRC to query your pay and deductions. It may be entirely correct but there's no harm in asking them to investigate...

Don't bother dealing with her directly any more. She's obviously trying to screw you over. Visit your local Citizens Advice and get help drafting a letter requesting return of the oven and your outstanding pay. If you have to take legal action, don't let others' negativity put you off. It's a straightforward process and there's plenty of free help available.

 

[happyfeet]

I agree, I would definitely contact Citizens Advice Bureau. Irrespective of gross misconduct (which this is not) she owes you your holiday pay.

As an aside, if I've ever left a position and asked why by a noob, I've never given the full frank reason. That said, what you've said is not gross misconduct and I'd be interested to see what is in your contract regarding gross misconduct.

Good luck with your new job and I hope your monies owing are given to you without hassle. X

Sent from my D6603 using SalonGeek mobile app

 

[bexta1407]

I would definitely contact citizens advice about your holiday pay. As others have said you are entitled to it wether you have been dismissed or not. I would also be sending a text/email stating that if I did not get my oven back within 24 hours I would be reporting her for theft.

Hope you manage to get sorted

 

[libbylou]

Well you already said in your first post , that your employer let you go , during your notice period due to you bad mouthing her/him, to the new therapist . So maybe before you spend your hard earned cash on a tribunal , you best remember the actual facts of why your notice period was cut short . X

 

[JulesLondon]

Sorry to sound harsh , but regardless if you were only telling the truth or not, it was not your place to say it. Regardless if your employer provided a microwave oven or not, that does not count for Unfair working conditions. There are still people getting killed in the workplace , so providing a microwave is bottom of the list, in unfair conditions. You say she owes you 1 day holiday pay, probably given the circumstances you are better leaving this one go. I do not know what you wont to hear , but you had a part time contract with zero hours, YOU handed your notice in, then proceeded to BAD MOUTH YOUR EMPLOYER TO NEW STAFF, IN THE WORK PLACE. What did you expect ? Of course you would be fired, Unfair dismissal you will find hard to prove. So maybe it is time you just moved on, and enjoyed your new employment.

It is actually a legal requirement for employers to provide their staff with:

- A place to wash their hands (whether that be water or alcohol soap)

- drinking water

- somewhere to heat food (e.g. A microwave or mini-oven)

So actually, although compared to many other situations it may seem like the least of the world's worries, it is important that all employers provide what they are legally required to provide, and all employers ensure that they are aware of their legal entitlements and ensure that they are receiving them.

On a different note, definitely contact your citizens advice bereau and ACAS (who are very helpful) and good luck with getting the holiday pay you are owed back xx

 

[JulesLondon]

Just to add to that (for those of you interested) that information is from the The Workplace (Health Safety and Welfare) Regulations 1992.