Boss won't pay me after I resigned

hullight

I resigned from my job of six months recently. I never received any terms of employment or anything like that, but was paid every Friday for working so many hours a week and it was fine.

After I left I waited to see what was paid to me. I worked a week in hand so I was paid a weeks wage the Friday after I left. I expected to be paid for my week in hand and accrued holidays the following Friday but received nothing. My mum works for the same company so I asked her to see what's going on. The boss says I'm not entitled to be paid because I let her down by not working the last two days of my notice period (she is a bully and I have complained to her before e.g. when she called me stupid, when she was racist, when she was homophobic so I didn't go in the last two days).

What can I do to get the money for the hours I have worked?

Cheers.

zzzLazyDaisy

By refusing to work your notice you were in breach of contract, and the employer is certainly entitled to with-hold the last two days wages.

Perhaps more importantly, you may wish to consider that you might need a reference from this employer at some point.

However, to amswer your question - You need to write to the employer explaining how much you believe you are owed and why, and ask for payment within 14 days.

If you do not receive the money owed, then you write again, saying the same thing, but this time you also say that if you have not received the money owed within 7 days, you will make a claim to the employment tribunal for unlawful deduction from wages and/or breach of contract.

If you still do not receive the money, make the claim. You can do it on-line.

robin_banks

This might sem a strange question but did you have a contract, and did you recieve a pay slip?.

I wouldn't worry about references, you were only there 6 months.

Conor_3

hullight wrote: »

After I left I waited to see what was paid to me. I worked a week in hand so I was paid a weeks wage the Friday after I left. I expected to be paid for my week in hand and accrued holidays the following Friday but received nothing.
Cheers.

Err, the week you got paid the week after you left was your week in hand, you're owed nothing in regards to that.

The only thing you're owed is any outstanding holiday pay.

If you didn't work your notice, you are in breach of contract. The fact you didn't sign one is irrelevent. Staturory notice period is one week and by continuing to work there, a contract is deemed to exist.

By all means take it to tribuneral for your holiday pay but be aware that the employer is entitled to recover any and all costs of you not working your notice including the full costs of having to get in agency staff to cover your post.

hullight

My leaving day was the Tuesday but I left on the previous Friday. So the money I got on the Friday of the week of my leaving date was paying for the week including the day I gave my notice. Phew! Hope that makes sense.

She had already hired my replacement before I'd left as well.

Can't wait until all this is over and I can leave that boss and her company behind! :rotfl:
I'm starting my new job tomorrow and don't have a P45 so will be on the wrong tax code as well. Speaking of the P45, if she still owes me my week in hand does that mean she isn't paying the tax on it as well?

Edit: And about the reference...everything was fine until I told her I was leaving. She kicked off and said I wasn't entitled to holiday pay and that she'd give me bad references (out of spite it would seem). So no worries there then.

cazziebo

As Conor says, you've been paid your week in arrears (in hand as you call it) Therefore only outstanding holiday pay is due. The company can claim against you for breach of contact as previous posters have said.

You won't necessarily be on the wrong tax code. Ask the new employer for a P46 form and you will be on a week 1 tax code which is now just about the same as everyone these days.

terryw

I think at this stage that it might be as well to send a letter along the lines of:

As you know I left your employment on xxxxxx but to date have not yet received my accrued wages and P45. I shall be most grateful if you will kindly forward these or let me know when I might expect to receive them.

Yours etc

Obviously send so that you receive a certificate of advice of delivery.

terryw

liney

So you worked on Monday and Tuesday and were paid one weeks money on Friday of that week? Then the week after when you did no work at all, you did not recieve any money when you should have been paid for the Monday and Tuesday you worked? Or did you not actually work Monday and Tuesday as you said you didn't work the last 2 days and your leaving date was the Tuesday? Sorry, but it's a abit confusing.

If when you started you were paid the second Friday after you started, that means you worked a week in arrears, not a week in hand which is different.

Conor_3

liney wrote: »

If when you started you were paid the second Friday after you started, that means you worked a week in arrears, not a week in hand which is different.

Err, a week in arrears is what "a week in hand" means.

liney

Conor wrote: »

Err, a week in arrears is what "a week in hand" means.

A week in hand means you are not paid until the Friday of the 3rd week and are paid for one week only, meaning you have a week 'saved' by the employer who gives you this when you leave.

A week in arrears means you are paid on the Friday of the second week you work, for the work you did the first week and so on.

A week in hand is an old fashioned term, and is generally no longer in use, but people often misunderstand and expect their employer to magic up an extra weeks pay from somewhere. the term 'week in ahnd' is often now used for 'in arrears' yet they were not origionally the same thing.

Nb Substitute Friday for which ever is the normal pay day for the company