Wicked Boss

[Mrs Reject]

The owner of our nursing home I work for at weekends said before Xmas that we would all get double time for working over Xmas and new year so we all did as desparate for the cash.
Yesterday she turned round and said to all of us she is skint so we won't get it, we'll have 1.5 and like it - uproar follows and she said none of us have it in writing so we'll just have to lump it!!!!
Naturally I have given her the finger and am off to interview for another nursing job next week. She also said we are all unsympathetic and heartless expecting her to cough up the way things are going at the moment....er......not my problem mate.
Can I get her in the small claims court if there is nothing in writing to say she promised us double time over the Xmas period?

[memnoch]

mmm Not sure if 'Verbal Contract/Agreement' still counts for anything...

but try ringing ACAS for advice...they're pretty helpful

Good Luck

[Blue]

I presume you're not a union member, Mrs R?

[Mitch]

Mrs R says: Sadly not..nursing homes are notorious rip off as nothing is ever in writing! Thank goodness I insisted on the no notice clause in my contract so I can just leave today - I'd probably have murdered the woman if I had to work notice!

[gollum]

Mrs R says: Sadly not..nursing homes are notorious rip off as nothing is ever in writing! Thank goodness I insisted on the no notice clause in my contract so I can just leave today - I'd probably have murdered the woman if I had to work notice!

Wouldn't blame you in the slightest, thats taking the piss !

Can point you in the direction of a good armoury :D

[Miss Demeanour]

Whether verbal or in writing, you had an agreement to work double time, and it is legally enforceable. (I imagine you would prove this by getting statements from your colleagues verifying the existence if the agreement.)

I don't know how much small claims court costs these days, but you might have to consider the balance of the costs of recovery, with the missing portion of the salary - will it be worth it..?

There is a possibility this may fall into the remit of the employment tribunal (I know that it'll cover some aspects of employment contracts) however a bit of a chat with the CAB might help.

Good luck with the job hunt.

[Doro]

Mrs R says: Sadly not..nursing homes are notorious rip off as nothing is ever in writing! Thank goodness I insisted on the no notice clause in my contract so I can just leave today - I'd probably have murdered the woman if I had to work notice!


push her down the stairs.........

(sorry, it's a quote from 'Friends' - me n gypsy apply it to all dilemmas lmao)


feel sorry for the patients if that's what she's like :(


[I mean cos all the good staff will go and stuff]

[RedRobbie]

Firs you need to raise the issue as a collective grievance against your employer. This is necessary under the new avoidance of disputes act 2004. Get yourself and your colleagues to jointly sign the grievance. If this is unsucessful you can fill out an ET1 form available from citizens advice. this must be lodged within 3 months of the decission being made to not pay you.
The claim you will make is for unlawful deduction of wages.

Your employer would have to pay all tribunal costs if your claim was sucessful. I f you lose you still wouldn't face any legal bills from the tribunal unless they could prove that the claim is malicious. which it is not, you are just pursuing a statutory right.

The easiest solution is to join a trade union and they would take care of this for you.

[Sir Ewok]

Since she insists on everything in writing, don't do anything that is not in your contract, including overtime. Not doing overtime can be hurtful to the pocket, but if the home is screwed for labour, you can negotiate the missing wages as extra to your normal overtime rates till you make up the lost cash. Employing extra staff to cover would cost more than paying what she owns you..... :rolleyes:

[saxman]

push her down the stairs....f]

sounds fair
:D