Wages Owed

Buffalina · 18 March 2017 at 4:18PM

Hi, I recently left my part time job without giving notice. I was offered a better job but had to agree to start immediately. I did submit my timesheets and returned key to my previous employer. I worked for the company just over 6 months and I was never given an actual contract - I was given one but was told to ignore it as it contained errors and it was not signed. I had no job description, no training, sometimes no wage slip and on several occasions, wages paid late and short by some hours. I was never asked to provide proof of ID/address/etc. I did not take holiday days and wasn't paid for the un-used holidays. Wages were paid on the 9th of each month and covered first to last day of the previous month. My last day of work was 17/02/17. I have not received any pay for the 13 days I worked during February. I have not received a P45. Can I pursue them for the unpaid wages or have I lost out because I did not give notice despite not being contracted to them? Thanks.

gettingtheresometime · 18 March 2017 at 4:35PM

I may be wrong but as you didn't give them the correct notice, I believe that the former employer can sue you for costs they incurred as a result.

If this is true, you may want to think before prodding the bear with a stick.

Masomnia · 18 March 2017 at 4:43PM

They could in theory pursue for costs as a result of your breach of contract, if they had to get a temp in for a week or something. In practice it rarely ever happens because of the cost of doing so.

You're still owed your wages and accrued holiday, so you could write to them to request it if you want.

cavework · 18 March 2017 at 5:03PM

The way the company run their payroll might mean that you are only just about ready to receive any outstanding pay especially as you have left without notice.. If the company works on a monthly payroll then all you are owed should be paid, including any holiday entitlement accrued and your P45 may be included with this final payment ?

Buffalina · 18 March 2017 at 5:19PM

Thanks for the replies - food for thought but as I explained, I had no contract. No contract at all.

Masomnia · 18 March 2017 at 5:23PM

Buffalina wrote: »

Thanks for the replies - food for thought but as I explained, I had no contract. No contract at all.

You still have a verbal contract I'm afraid. So in the absence of a written contract saying otherwise you should still give the statutory 1 week's notice.

Undervalued · 18 March 2017 at 5:24PM

Buffalina wrote: »

Hi, I recently left my part time job without giving notice. I was offered a better job but had to agree to start immediately. I did submit my timesheets and returned key to my previous employer. I worked for the company just over 6 months and I was never given an actual contract - I was given one but was told to ignore it as it contained errors and it was not signed. I had no job description, no training, sometimes no wage slip and on several occasions, wages paid late and short by some hours. I was never asked to provide proof of ID/address/etc. I did not take holiday days and wasn't paid for the un-used holidays. Wages were paid on the 9th of each month and covered first to last day of the previous month. My last day of work was 17/02/17. I have not received any pay for the 13 days I worked during February. I have not received a P45. Can I pursue them for the unpaid wages or have I lost out because I did not give notice despite not being contracted to them? Thanks.

But you were contracted to them! Turning up and working on agreed terms establishes a contract. Yes, they should have issued you with a statement of main particulars of employment (what you are terming a contract) within eight weeks but that does not mean no contract exists.

Yes, they are obliged to pay you for all hours worked plus any accrued holiday. However, they could also sue you for any unavoidable losses your breach of contract caused. In some circumstances that could be more than your wages. Such claims are unusual but they do happen.

More common is what has happened here. You walked out so they have not paid and are, in effect, saying "you sue us and we will sue you"!

Are you brave enough?

Undervalued · 18 March 2017 at 5:27PM

Buffalina wrote: »

Thanks for the replies - food for thought but as I explained, I had no contract. No contract at all.

Yes you did! Read what has been said!

Buffalina · 18 March 2017 at 5:29PM

In a word - no!

Thanks for clarifying.

Buffalina · 18 March 2017 at 5:30PM

I have read it & understood. Lesson learned.

Undervalued · 18 March 2017 at 5:51PM

Buffalina wrote: »

I have read it & understood. Lesson learned.

Yes indeed.

As others have said your wages may yet turn up. If they do count yourself lucky. You were obliged to give a week's notice (the legal minimum if you have been employed for a month or more).

Obviously they have saved your wages, NI etc for that week but if they had no alternative but to get a temp in at rather more money they could look to you for the difference. Worse would be if they could show a loss of business as a result of you walking out. In theory you would be liable for all their losses (which obviously they have a duty to mitigate as far as possible).

Such claims are fairly uncommon in "ordinary" jobs but they do sometimes happen. Something to keep in mind in the future!

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