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Calling employment law experts
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By (user no longer on site) OP
over a year ago
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When offered a job at interview, the prospective employer says"we'll give you a weeks trial, for which you will be paid either way" after 4days you realise this is not somewhere you would want to continue in employment so you respectfully thank them for the opportunity but decline any further employment with them, if that employer then doesn't pay you and blocks all forms of communication from you is he in breach of employment law, as a verbal contract was made? Or am I not entitled to the 4 days pay?
Sorry if a little long winded xxxx  |
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By (user no longer on site)
over a year ago
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"When offered a job at interview, the prospective employer says"we'll give you a weeks trial, for which you will be paid either way" after 4days you realise this is not somewhere you would want to continue in employment so you respectfully thank them for the opportunity but decline any further employment with them, if that employer then doesn't pay you and blocks all forms of communication from you is he in breach of employment law, as a verbal contract was made? Or am I not entitled to the 4 days pay?
Sorry if a little long winded xxxx "
If it's not written down and signed you not got a leg to stand on...
Also if they do pay you for the 4 days you will have to wait for the company's official payday you won't get it same day |
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By *oodmessMan
over a year ago
yumsville |
"I would assume they would pay you but then again if nothing was signed they are not legally bound to pay you. "
For someone to be on your premises they have to have a record of you entering the building for insurance purposes - in case there is a fire or emergency.
If the month has gone by, take them to small claims OP, it's a £30 document I believe. |
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By (user no longer on site)
over a year ago
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In any contract whether verbal or written ambiguity favours the party who did not drat the contract....
However if you failed to complete your obligation of the agreement you may not be entitled to claim incremental recompense as the company must now absorb the added inconvenience and cost of finding a replacement for the period you chose not to fulfil....
 |
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By (user no longer on site)
over a year ago
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If you were employed by them for four days then you're entitled to pay for those days.
They would lose in court everytime on this one. Did you verbally agree to give them notice? |
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By *oodmessMan
over a year ago
yumsville |
"In any contract whether verbal or written ambiguity favours the party who did not drat the contract....
However if you failed to complete your obligation of the agreement you may not be entitled to claim incremental recompense as the company must now absorb the added inconvenience and cost of finding a replacement for the period you chose not to fulfil....
"
4 days isn't even a probationary period. How did you resign OP? |
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By (user no longer on site) OP
over a year ago
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"In any contract whether verbal or written ambiguity favours the party who did not drat the contract....
However if you failed to complete your obligation of the agreement you may not be entitled to claim incremental recompense as the company must now absorb the added inconvenience and cost of finding a replacement for the period you chose not to fulfil....
"
Even if there was no work left? And wouldn't be any more until the following week? |
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You're not helped by the fact you left early - what type of job/business was it?
I guess it's partly down to are they the sort of people who will prove difficult and nasty to deal with? If so maybe just let it go and mark it down to experience and don't get caught out again... |
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By (user no longer on site)
over a year ago
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"In any contract whether verbal or written ambiguity favours the party who did not drat the contract....
However if you failed to complete your obligation of the agreement you may not be entitled to claim incremental recompense as the company must now absorb the added inconvenience and cost of finding a replacement for the period you chose not to fulfil....
Even if there was no work left? And wouldn't be any more until the following week? "
That's clutching a straws ,,,,, the employer may have had unfinished work they had not yet informed you of,,,,
Your attendance or lack of attendance is the key issue ......
If you had turned up for that last day and there was no work for you too do ....you would have still been entitled to pay for that day.... |
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By (user no longer on site) OP
over a year ago
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"You're not helped by the fact you left early - what type of job/business was it?
I guess it's partly down to are they the sort of people who will prove difficult and nasty to deal with? If so maybe just let it go and mark it down to experience and don't get caught out again... "
It was an admin role within a call centre - the free boiler scheme. They'd sacked the whole sales team so there was no work coming in. On the 4 th day I was left there on my own while they went to Beaujolais day. The last bit of work I was left was to make 3 phonecalls, after I did that there was nothing to do I was left in an office for 8 hours not allowed my phone etc. After hearing the inappropriate way to spoke to his team in Bangladesh for a different venture coupled with the final day I made my decision and put it all In Writing midday on the Thursday, which one of the managers responding saying how sorry he was that I felt the role wasn't for me. When I. Roughy up the pay he said he'd speak to the other manger/ director and come back to me. After no response I sent a further message at this point he blocked me from communicating with them |
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"You're not helped by the fact you left early - what type of job/business was it?
I guess it's partly down to are they the sort of people who will prove difficult and nasty to deal with? If so maybe just let it go and mark it down to experience and don't get caught out again...
It was an admin role within a call centre - the free boiler scheme. They'd sacked the whole sales team so there was no work coming in. On the 4 th day I was left there on my own while they went to Beaujolais day. The last bit of work I was left was to make 3 phonecalls, after I did that there was nothing to do I was left in an office for 8 hours not allowed my phone etc. After hearing the inappropriate way to spoke to his team in Bangladesh for a different venture coupled with the final day I made my decision and put it all In Writing midday on the Thursday, which one of the managers responding saying how sorry he was that I felt the role wasn't for me. When I. Roughy up the pay he said he'd speak to the other manger/ director and come back to me. After no response I sent a further message at this point he blocked me from communicating with them "
They sound a nightmare - close escape I reckon, whilst part of me says stick to it and get every penny you can from them I also think life's too short - if you can cope without the money move on.... |
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By (user no longer on site)
over a year ago
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OP having accepted the trail position did you inform the job centre of the arrangement and register you would not be available for other work during that period? |
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By (user no longer on site)
over a year ago
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"I'd not registered with he job centre at that point was living off my last pay"
If I were you I would go talk to the job centre they might be able to help you recover the wages or give you advice on the appropriate course of action ......
It seems on the face of it there are inconstancies on both sides ,,, but you stand a more realistic chance of receiving some financial recompense if you go through the freely available options before instigating any legal proceedings
Good luck  |
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By (user no longer on site)
over a year ago
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A previous response made a very valid point:
If you failed to meet their expectation of you then you may have breached the verbal agreement.
The fact it was verbal and not in writing is irrelevant, a verbal contract is still viable and enforeceable, just much more difficult to prove what the agreement was.
IF there was no agreement on a specific 'daily' rate, why do you assume one exists? They may argue there was an assumed weekly rate, which you failed to complete.
It's all very ambiguous and can only really be settled by arbitration, perhaps in a small claims, but you have to ask, is it going to be worth it since the 'assumption' of daily pay is (possibly) only on your part? |
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By *oodmessMan
over a year ago
yumsville |
I take it you mailed them internally so you don't have a record of it?
If more than a month has gone by and certainly two, I'd write to them informing them of your intentions and a set time frame - after that issue small claims and recoup the costs. This will give them time to consider things and baluster your your case? My experience with the CAB and job centre is they don't want to get involved, don't have the experience and will only drag the time out but speaking to them (face to face) can't hurt. |
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By (user no longer on site)
over a year ago
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I was offered a 2 week trial in a cafe today and it was for 6 days a week, 8am to 5pm with clear down to do at the end of the day, I asked about pay and he said 'we talk at the end of the week' told ads and we said sounded suspicious, called him back and he said 'you won't get paid but will get recognition', so I've declined as I don't want to work my arse off over Christmas and they say no thanks and also I don't get paid for working my arse off and I don't think I need a 2 week trial to learn how to make coffee (as it was my last job I already know how to do it).
G x |
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By (user no longer on site) OP
over a year ago
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I decided to try my luck and sent a text to one of the directors asking him to confirm that I won't be receiving and monies, so I could give accurate information to my solicitor later this week, and apologised for my chosen method of contacting him but I was blocked by other means,.... just after 5 pm I received a message asking for my bank details and the money will be with me by 5pm on Friday. Success!!! |
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. Good luck! 