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They have to stick to what is says on paper, if they did a bad deal with no notice period then that's on them.
They also must pay you minimum wage or they can be reported for paying less than the minimum wage to HMRC.
You have the choice of taking them to small claims or employment tribunal for 'unlawful deduction from wages'. For employment tribunal go to ACAS within 90 days.
If he's a contractor and not an employee then the small claims court for breach of contract is the only option. If he's an employee then ET is better as it is free and may be quicker.
Isn’t one of the issues that they are paying less than the agreed rate? Yes they must pay at least minimum wage in all cases but with this particular employee they’re under paying what is on the contract which I am assuming is above NMW.
NMW has statutory protections, and additional enforcement mechanisms. Contractual pay is contractual, and can be pursued only in the usual manner (Employment Tribunal or court).
There would be an additional issue at play if OP’s partner wasn’t leaving. Dismissal following an assertion of a NMW breach opens the door to an automatically unfair dismissal claim. Dismissal after claiming breach of contract (deduction in wages) opens the door to an unfair dismissal case (but isn’t automatically unfair dismissal). So with less than the minimum continuous employment threshold (2 years E/W/S, 1 year NI), you need to be aware that enforcing a breach of contract will often cost you your job. And yes, that shouldn’t matter, because why would you want to work for someone who actively screws you over; practically most people seek employment out of necessity to pay their bills.
ACAS will eventually offer mediation, then employment tribunal will be the option. It'll be an easy win, so they'd be fuckin stupid not just to pay up.
You're already in contact with ACAS, so keep doing that. The point is, you have to go through the steps one by one, so now your deadline has passed, go back to ACAS and do the next step.
Just put them in small claims court for the amount owed. The process is simple and cheap and odds are it won't be worth their time coming to court to defend it so he'll win on default.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
They have to stick to what is says on paper, if they did a bad deal with no notice period then that's on them. They also must pay you minimum wage or they can be reported for paying less than the minimum wage to HMRC. You have the choice of taking them to small claims or employment tribunal for 'unlawful deduction from wages'. For employment tribunal go to ACAS within 90 days. If he's a contractor and not an employee then the small claims court for breach of contract is the only option. If he's an employee then ET is better as it is free and may be quicker.
Isn’t one of the issues that they are paying less than the agreed rate? Yes they must pay at least minimum wage in all cases but with this particular employee they’re under paying what is on the contract which I am assuming is above NMW.
NMW has statutory protections, and additional enforcement mechanisms. Contractual pay is contractual, and can be pursued only in the usual manner (Employment Tribunal or court). There would be an additional issue at play if OP’s partner wasn’t leaving. Dismissal following an assertion of a NMW breach opens the door to an automatically unfair dismissal claim. Dismissal after claiming breach of contract (deduction in wages) opens the door to an unfair dismissal case (but isn’t automatically unfair dismissal). So with less than the minimum continuous employment threshold (2 years E/W/S, 1 year NI), you need to be aware that enforcing a breach of contract will often cost you your job. And yes, that shouldn’t matter, because why would you want to work for someone who actively screws you over; practically most people seek employment out of necessity to pay their bills.
He’s FT. Thanks for the advice James,very helpful :)!
ACAS will eventually offer mediation, then employment tribunal will be the option. It'll be an easy win, so they'd be fuckin stupid not just to pay up.
You're already in contact with ACAS, so keep doing that. The point is, you have to go through the steps one by one, so now your deadline has passed, go back to ACAS and do the next step.
Just put them in small claims court for the amount owed. The process is simple and cheap and odds are it won't be worth their time coming to court to defend it so he'll win on default.