What if you don't give enough notice?

hel

Hi, :hello:

I wondered if anyone would be able to help...

I have a friend who has got a new job and so gave notice to quit his current job. The problem is that he gave notice on Tuesday and is leaving on Friday so it isn't the full week's notice that he is required to give.

His employer is now refusing to give him the money that he is owed for last week's work and this week's work. I know he has breached his contract by not giving enough notice but is his employer entitled to do this?

Also, he has a company vehicle and some tools that belong to his employer. Should he keep hold of these until this is sorted or would that be classed as stealing?

Thank you in advance

Savvy_Sue

His employer is NOT entitled to do this, but equally he shouldn't hang on to his employer's property.

Have a look at the ACAS website, a letter pointing out that withholding wages would be unlawful deduction may help.

also, is he owed any holiday? Could his last day's notice be taken as holiday?

OR is his employer withholding wages because your friend has taken more holiday than he was entitled to?

Lawyer2B

An employer cannot refuse to pay for work you have already done but can refuse to pay for work that would be done during the notice period but was not. Therfeore only pay for the last day of the notice period will be forfeited by your friend in the circs.

hel

Thanks for the quick response.

I don't think he owes any holidays but I'll tell him he should check in case he has any left to take.

I'll also tell him to try a letter as you said. The worrying thing is it seems to be a bit of a dodgy company who probably wouldn't be worried by a letter, they just do what they want!! I guess if he's in the right he could take it further though.

One thing he did say was that, after talking to his employer, his boss eventually gave an excuse as to why they are keeping his money. A year ago he did some work at a customer's house & slightly chipped a wall; he filled this and the customer was happy. His boss has said that a year later the customer has put in a claim to have the whole room re-decorated! They said they are charging him for it (I think he said about £600!!).

1 - Surely a year is far too long to put in a claim like that &
2 - Isn't that what insurance is for?!?! I'm sure they can't just deduct large amounts of money from their employees' wages at the drop of a hat!?!

Even if he was liable for that amount, it doesn't amount to the money owed so they should still be giving him some of his wages.

Why can things never be simple!?!?!?!

Conor_3

You can put in a claim up to THREE YEARS after the event.

Just to add, if an employee doesn't give sufficient notice, an employer is entitled to sue the employee for all costs, such as the cost of agency cover, and loss of profits incurred for the period of the notice not served.

robpw2

in some contracts of employment it clearly states if not enough notice is given the employer is entitled to refuse final payment .
YOu sign the contract to say you agree

hel

Thanks again,

I don't think the employer will lose money as there wasn't enough work to go around anyway & some people had already been laid off; but I have told him so he is aware.

He's decided to do a letter which has been sent off today...fingers crossed it works!