Work hastles

[hammerman]

A few weeks ago, i posted on here asking for advice about my wife being given a bad reference from her former employers (a private care home). With your help and advice, and a nice letter from my solicitor, my wife has now has now been formally offered her new (dream) job.

However, the ex employer is still being an absolute pain.

My wife is owed one weeks wages, 4 weeks statuory sick pay and 6 days holiday pay...amounting to around �700. My wife also needs to hand back her old uniform. She gave it to a member of staff from the old employer today....who is also a good friend of my wife, only to be told that she will not accept the uniform back unless it's delivered in person by my wife. This means that unless my wife hands it back in person, she won't get paid.

The ex employer only wants my wife to go in person so she can have a final shout at her.....she's done it before many times to other people.

Obviously witholding wages is a criminal offence.....what would you advise we do about it ? I've asked my wife to go in and take a dictation machine with her to record the events but she doesn't want to face her and the humiliation of being verbally abused.

Any help or suggestions would be most welcome

Any help

[B00]

hiya hammerman, long time no see, you ok? (well apart from this obviously!)

Can't you go with your wife? Surely all she needs to do is literally just hand the uniform to her boss, which takes...what a few minutes, and then walk straight back out again. That is after all handing it in, in person, her ex employer can hardly demand she stays for a final rollocking!

[andrea81]

Would she consider going with someone, I know of many cases where a friend or family member has attended diseplinaries (I know this isn't one), I'm sure she is within her right for this situation.

On the other hand, If she is owed money, then a solicitors letter should be all I would imagine?

[cruella]

Hi hammerman
I agree with BOO. Think it may be a good idea if you accompanied your Wife when she returns her uniform.
As BOO said, you do not have to wait around for a confrontation. Once it is handed over, just leave.
Good Luck.

[laurence2]

I would tell her to go with someone whos suited up, and make out they are your legal adviser.

Failing that i'll take a dictation machine, and providing your wife advises her former boss that she has one in her possession, i think that shes entitled to record the events, tho i'm not 100% sure

[hammerman]

Thanks for your answers but she will call the police and have them removed from the property even if they were to wait in the garden.....she's done it before and she'll do it again....this woman is pure evil, god knows how she runs a care home !!!

I know where she drinks (she's on the p**s from 6pm until late and then is on call at the care home) so i might take the uniform to her in person and explain that there is no contractual obligation to hand anything back in person.....if you don't accept it now, it'll go in the bin.

Thanks again but this woman is a law unto herself and doesn't care who she upsets or how she does it !!!

[Oneeyedvic]

Firstly, are you in Norfolk by chance - if so I think I may be able to help you ( I know a few solicitors who have morals and would like to see a woman like this get her comeuppance).

Personally, I would go in with a PROPER solicitor - and turn the tables on her. Tell her that you are planning to take her to court for constructive dismissal.

Would love to see her call the police then - a decent brief will soon turn that into an advantage.

A lot of solicitors will do a constructive dismissal case on a no win no fee basis as well

[Mr k]

Check your house hold insurance most if not all will cover you for this(mine did). Most policy cover employment law you may find it in the small writing, they will also cover for contracts that are broken between employee and employer...

[Mr k]

Also You don't have to be the policy holder to claim anyone in your immediate family can claim on your policy...

[hammerman]

Thanks guys....

Oneeyedvic......We live in Sussex, sorry. As for the constructive dismissal route, that's the first thing my solicitor said. Unfortunately, when my wife's notice period ends on the 1st october, she would've been there for 2 days SHORT of 2 years and my solicitor seemed to think you could only make a claim if you had been there for 2 years or more.

[Oneeyedvic]

No, that changed quite a while ago to 1 year

[thugulike]

The qualification period for constructive dismissal is1 year unless you leave for a discriminiation reason then there is no qualification period. I thought your wife had left to get another job? I would lodge a claim to tribunal under the Wages Act for illegal deduction from wages and breach of contract. Should be a piece of cake.

I don't see how the owner can insist on the uniform being delivered in person unless that is required in her contract of employment. Maybe she could post it recorded delivery? I would steer well clear of any personal confrontation.

[laurence2]

hammerman.

I would be tempted to set her up ie take picture's, diary movements etc and pass them on to the appropriate authorities {always fancied myself as a ''columbo'' lol}

You pointed out that she's on the p**s from 6pm til late then she is on call, well she would of certainly been called back to the care home at some point under the influence of drink.

Sackable offence i would say, especially due to the nature of the job

[cheries]

Hi Hammerman,
The other thing you could consider doing is reporting this meglomaniac to CSCI, the regulatory body for care homes accross the UK. Try :

http://www.csci.org.uk/complain/share_concerns _and_complaints.aspx

I agree with everyone else's posts on here about taking advice from a solicitor, and your wife has no legal necessity to hand the uniform back to the manager; she can simply return the clothing to the receptionist or a member of staff on the premises. Remember your wife is no longer employed by this woman so she doesn't have to stand there and feel obliged to take verbal abuse from this person. She can just hand in the uniform and walk straight out.
Then, seriously, you need to go to Citizen's Advice and claim for your wife's witheld pay. It's relatively straightforward.
Good luck against the dragon!!!!!!!

[Oneeyedvic]

Please do not seek revenge, but please do seek justice. Your wife's former employer is a bully and unless someone takes a stand, this person will carry on behaving in this way.

[hammerman]

WOW....thanks for all your replies...most helpful.

I'm going to hand the uniform back to the ex-employer on a neutral venue....when she's in the pub. I won't make a scene but quietly say that if she doesn't take this opportunity to take the uniform, she will not be getting it back at all.

I will then, quietly again, remind her that it is an offence under the employment act to with hold wages. Failure to submit the cheque...by post by the 3rd oct (she should usually get her cheque on the 1st) will result in proceedings being issued against her for witholding wages AND constructive dismissal.

Comments ?

[Oneeyedvic]

sounds good to me - good luck and please let us know how you got on

[meredith101]

giving a bad reference is a really dumb idea. what purpose does it serve?
sue them for libel. Unless it's true. In which case, sue your wife.

[hammerman]

There were several points in the reference that were a "cause for concern" for my wifes new employers. My wife went in and had a chat with them and the points raised were....

1) My wife has had a lot of time off to look after her children/family when they're ill

This is absolute nonsense. My work are very flexible in this respect and if my daughter is ill, i take the time off or my parents (retired) look after her. My wife has had half a day off when my daughter was taken in to hospital for severe headaches....and my wife still had to go back in later that day when my daughter came home

2) She's had a lot of time off sick

Again, absolute nonsense. She's had one week in two years because of a severe ear infection that put her in hospital (she doesn't get paid for being sick...just SSP).

My wife also once asked for the day off to go to my nan's funeral. They said yes but she was only allowed 4 hours off and had to go back to work for the rest of her shift.

So, as you can see, there was a couple of untruths in the reference.

I'm going on holiday for a week on tuesday and when i come back, i'm going to have a good long chat with my solicitor because as mentioned, this woman (who incidently owns the care home and lives there too) is a bully and needs to be stopped.

Thank you all so much for your help and encouragement

Andy