I urgently need some advice. 

I have just terminated my employment with a family were I was a housekeeper/Nanny.  I worked there for 3 months in all this time Mr A (we will call him) who is a barrister never set up my NI or Tax gave me a contract or a pay slip even though I asked on many occasions, he would say he had not had time?  The aggrement of me working there was that he set up my N.I and tax as I did not know were to start. 

Due to an increase in our mortgage and my Fiances Job not being safe, I decided to work two jobs, which I informed Mrs A about and told her she would be receiving requests for refrences.  I applied for a domectis position at a care home but was offered a care assistants position as I have care experience with more hours which ment I would not be able to work two jobs, I could not afford to turn it down.  I handed my notice in but because of an atmosphere I decided not to go back and informed them by post.  I know very cowardly of me, but he is a barrister and a very intimidating man.

Today I received a letter, it stated I have terminated my employment breach of contract (what contract) 

That I stated I was happy to work full time when in the interview, which I was at the time but situations change, which I told Mrs A about. 

That I have obtained a reference under false pretences, which he states is a criminal offence (s.16 Theft Act 1968)

That I have not given them sufficient notice, as far as I was aware I did not have to work any notice with not being given a contract.

So he is with holding my pay 1 week and 1 days worth about 150 pound. He also said he is going to contact my new employer to inform them of my actions, and that I am not trustworthy. Lucky I have rang my new employer and she is fine as I told her I thought he would be funny.

So anyway what I need to know is is he entitled to withholding my pay. How do I go about getting it.  Should I go see a solicitor?  

Sorry for spelling mistakes but my head is spinning.

Thanks
Sheli

I personally would go to a solicitor.

Thank for relpying, I have contact ACAS, who said he has every right as I did not work my notice, but I feel that with me not having a contract I did not have to work any?

Also spoken to solicitor, who said, that Mr A does not have a leg to stand on and I should issue court proceeding to recovery my pay which will cost 30 pound (pound key not working). 

Should I send him a letter defending myself as he is accusing me of lying which I never did I was honest with Mrs A from the start, I did not intend to get another job but one to run with this one, but got a better offer. 

Also should I report him for not paying any tax and NI for me? 

My head is still spinning.

*wanders of to get cuppa and calm down*

I would go with the ACAS advice.  You may not have had a written contract, but you entered into a verbal one when you accepted the job.

He may have been delaying on the written one if he wasn't satisfied you were suitable for the position.

Putting the legal issues aside, morally you should have offered notice before leaving the position, you also agreed to work full time at the interview, your change of circumstances are not really his problem, certainly not with only having worked three months.

I personally would draw a line under it and chalk it up to experience. Move on and enjoy your new job.

If the intention is for you to work for one month or more employers should  give employees a written statement of the main details of their employment within two months of the start date,  regardless if they do an implied contract is inplace if they dont covering the basic UK legal requirements. 

Here is some advice..

http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page16161.html</a>
Here is the deduction from wages advise , whoever you spoke to at ACAS gave you wrong advise as you do not have a written contract the employer doesn't have the right to make deductions because of notice.

http://www.acas.org.uk/index.aspx?articleid=1147

Edited because I missed the 3 months duration and that you agreed to work full time.

I do think there was personally faults on both sides to be honest.

Having contacted ACAS in the past on matters, I would take anything they say with a pinch of salt.   This barrister is trying to intimidate you by spouting laws at you but probably knowing full well he hasn't got a leg to stand on, so is being bolshy thinking you'll just accept that decision.    If needs be speak to your new employer - if you feel there is someone in charge who'll be sympathetic and explain your case before he can get in beforehand.

Thanks everyone for replying.  Thanks for the links very interesting. I had the feeling he was trying to intimidate me.  I really dont want to take this lying down, but need to know exactly were I stand before contacting him.  Should I send him a letter saying I have saught legal advice and know that he is not able by law to withhold my wages and give him 14 days before starting court proceedings? 

Maybe even mention the fact he did not pay any NI or Tax, and mention the inland revenue too. 

I have contacted my new employer and she is fine and has told me not toworry.  Which is a huge relief.   

>Maybe even mention the fact he did not pay any NI or Tax, and mention the inland revenue too

Am I missing something here, did he deduct tax from you with an emergency tax code, or are you saying as I suspect, no tax was deducted from the wages he paid you.  If so, by reporting him to the inland revenue you are also disclosing you didn't pay tax and may be liable for paying it back. Over 3 months I guess that would pretty much take care of the £150 you say he hasn't paid you anyway.

If you really want to go down the legal road I doubt he will take much notice of a threatening letter from you. If you employed a solicitor to do it then it would stand more ground.  But again it would cost you the £150 to do it.

As neither side has acted very honorably, you can't afford a solicitor and he is a barrister I really would draw a line under it.

When we employed a nanny ( along time ago) as the employer, I was responsible for the payment of tax and NI, using PAYE tables. The salary agreed with my nanny was net of tax and this was the normal practice then. If this is still the case then you won't have any tax to pay.

When our nanny left, I also had to provide her with a p60( or P45), the one giving earnings year to date and tax paid. Ask your employer for this document as you will need it to give to your new employer. I guess that he has not been paying your tax and NI so this may cause him a few problems. He will either have to pay your tax and NI , or forge the document.  A sort of satisfaction for you.

I believe that there is also legislation in place requiring an employer to issue a contract within a set time period, maybe another option for you to investigate  and bring to his attention.

Then I would do as the previous poster says and draw a line under it, I know it makes you mad, but the hassle of trying to get money from him is hardly worth it and you will have to fork out some of your own money at some point to do this, with no guarantee of anything back.

Oh one more thing, the Co-operative bank offers a free legal helpline. I had reason to contact them this week on an employment issue for my son and thye were very good. I wasn't asked for any proof of banking with the Co-op...........0845 603 5459

Thanks for replying, when to CAB this morning, he felt that Mr A is using is position to bully and intimidate me and has given me the number of a employment law soloictor, who I have got an appointment with next Thursday, the first half hour is free, so will be able to make my mind up depending on what Solicitor say if its worth it or not.

Did you receive any pay slips?   Do they show deductions of national insurance and tax?   If so, he is on a sticky wicket. 

Margot

No he never gave me any paysilps, even thought I asking him time and time again.  He credited my account monthly with my pay with no deductions from it as I calculated how many hours I had done and worked it out.

Get the e-mail address of the solicitor you are seeing and e-mail over a blow by blow account of the whole situation beofre you go and see them as that will save a lot of time on the day.

Unfortunately you have breached a contract by not giving notice and you agreed to a contract of employment by accepting the job. Unless you stated that you were self employed and would submit invoices it is his responsibilty to deduct and pay over NI and tax so it is not your concern.

I do wish you luck but I suspect it may not be worth persuing as I think he is not at fault because you terminated the employment without the required notice. The notice period is normally the same as the frequency of when you get paid which in this case I would gather would be weekly.

I don't quite understand why you have broken the law about getting another reference ? If your current employer has asked him for a reference and they have given one then there is no law broken. If you resigned after that fact then that again is not breaking the law just in the cases possibily breach of contract.

Best of luck

Lucy
xx

Thanks for replying the thing is when I was given the job, he enever told me how many weeks notice I needed to work. 

I will email the Solicitor, thanks.  I really hope he takes it on as I dont want this nasty man thinking he get away with the because of who he is?

Also if you worked for three months you would have been entitled to a weeks holiday so in effect that could have been your notice.