employment/payment question
 

a mate of mine, came to work for the company that I currently work for.

he styayed for two days and worked as they requested, approx 10 hours both days. he clocked in and out both days.

he decided it wasnt for him and simply didnt turn in for the third day and rang and told them it wasnt for him, and he wouldnt be returning.

however they are refusing to pay him for the two days work he did on the grounds that they had to hire a temp to cover his work... (in my mind they would have to do that anyway?)

plus he hadnt signed any contract.

any laws he can throw at them that states he must be paid?

cheers in advance.

jamo :)

If he's got nothing down on paper and he's got no proof that he was even there, then he's got no hope in hell of getting anything. As far as anyone is concerned he was never even there!?

That changes though if he's got something saying otherwise, has he?

Jules

A contract can be verbal or written, and there are pro's and con's for each. He should write to the company (i.e. formally) and request payment for the time he worked there, also stating that if they reject his claim he WILL seek payment for the work performed through an employment tribunal.

They will pay, they're just testing the water to see how serious he is....... :thumb:

he is an hgv driver and has his tachographs from the days he worked.

james :)

All depends on whether there was a notice period, in which case he was in breach of the contract and the company may be able to pursue him for the costs of getting the temp. (By turning up and acepting work from the company he has implicitly accepted a contract)

I dont know how tacho's are signed off etc but that should be fine then as I guess it can all be linked back to deliveries for the company?

If he's worked there less than a month without a written contract, he doesnt need to give a weeks notice so what he did was fine. Its the companies own fault that they've lost an employee who wasnt on a contract and they've needed to get a temp in to fill the spot.

As DCI said, send them a letter.

Jules

Sounds like a pretty 2-bit company that doesn't pay someone for 2 days work....... Mind you your mate didn't help by pulling out like that but they owe him and, for once, Hunt's comments above are relevant. Worth a try anyway :) Pity he didn't keep the keys :D

as said above he didnt have a contract, and therefore had no notice period. so the best way forward is to write a letter and ask for payment, if not he will be looking to goto an employment tribunal?

he did have the keys for 2 days, hence he knows no one was used to cover his job ;)

Correct Kiwi, but this only works if he has a written contract that doesnt stipulate a notice period. If they have an "unwritten" notice perdiod that had been inforced in the past (and they can prove) then this will be the case, however it doesnt hold up if he doesnt have a written contract.

If the employee doesnt have a written contract that states otherwise, the employment rights act 1996 requires an employee to give 1 weeks notice when they've worked there for a month. Up to that point they can walk at the drop of a hat.

Jules

cheers for all your help :thumb: