Resigning and contract issues

jiffk

Again, thanks ... you came off a little hostile in the start of the thread but you advice has been consitent and well informed ... if somewhat depressing in places

Is there anything they can withhold?

Like unclaimed holidays?

Either way if they cant withhold it they can take thier time paying it, how long would be reasonable to expect them to pay it in.

I have offered to help my boss in other ways such as being available on the phone for advice for the guy potentially taking over from me and also for some work on a big customer if it can be done on a weekend.

Like i said im not trying to screw them and i consider a lot of the employees friends, which i guess is normal for anyone thats been at a company for a few years

Edit: i guess it could be consider im screwing them a bit by leaving on a weeks notice but i strongly believe that this new job is an amazing opportunity and ive been a bit depressed of late at the direct (or lack thereof) of my career

RaymondG

Technically you may be in breach, but is your boss really going to pursue you ?. From your description, sounds like a fly by night firm anyway. The only issue you may face is for references, if you need them. Don't feel intimidated.

SarEl

jiffk wrote: »

Again, thanks ... you came off a little hostile in the start of the thread but you advice has been consitent and well informed ... if somewhat depressing in places

Is there anything they can withhold?

Like unclaimed holidays?

Either way if they cant withhold it they can take thier time paying it, how long would be reasonable to expect them to pay it in.

I have offered to help my boss in other ways such as being available on the phone for advice for the guy potentially taking over from me and also for some work on a big customer if it can be done on a weekend.

Like i said im not trying to screw them and i consider a lot of the employees friends, which i guess is normal for anyone thats been at a company for a few years

Edit: i guess it could be consider im screwing them a bit by leaving on a weeks notice but i strongly believe that this new job is an amazing opportunity and ive been a bit depressed of late at the direct (or lack thereof) of my career

Sorry about that. It is an occupational hazard of being a lawyer (and an academic) - I tend to use words sparingly and to the point, whilst also trying to get across (here) legal concepts that start out in language that most people don't use! Believe me, when I am hostile there is little doubt about it

The employer cannot lawfully withhold anything at all. If they want to make a claim against you they must do so in a court - not take it and then wait to see what happens. Of course, that's what the law says - but that doesn't stop employers doing it. Although to be honest, from what you have said, yours is a bigger employer and it doesn't sound likely - I suspect they are just trying to get the correct wages sorted out.

I understand that you want to get out fast, and I don't personally think you have asked anything unreasonable - but in law you are actually in the wrong here. If I may give some advice? You are not unusual in being clueless when it it comes to the terms of your contract. Many people are, and it is truly frightening how many people I see who don't know even the basics of their contractual conditions. This isn't always (or even often) the employers fault (in that the details weren't there or available) - often people make assumptions, and sign things they have never read. Take this as a learning point - be more aware of your employment in the future. Read things - not just what people call the "contract", but policies and handbooks. Make sure you know the basics, like notice and pay periods. Check wage slips (and not just the bottom line!).

And think about joining a union. They may be imperfect, but they are infinitely better than nothing when things go wrong. Treat the union dues as insurance - just like you have for the house or the car - but for the thing that pays for the house and the car! Hopefully your house won't burn down and your job won't disappear. But 80+% of the people I see in my office are union members, and the only reason they can afford to be sitting there is because the union are paying their legal costs.

jiffk

I've checked the contract they've given me again, so i thought i see if it makes any difference to your post from before.

It states the salary will be paid monthly in arrears.

Premier_2

jiffk wrote: »

I've checked the contract they've given me again, so i thought i see if it makes any difference to your post from before.

It states the salary will be paid monthly in arrears.

You should be pleased to hear it makes no difference to the advice I provided you in post#24

Don't confuse the matter with expenses you have claimed. These will almost certainly need to be reviewed & approved by the company before payment and so are not usually stipulated in a contract when exactly they will be reimbursed; it's just the salary that needed to be paid on time as per the contract.

jiffk

i was going on sarEL's post about them breaking contract by not paying me on time/withholding payment.

It looks like ive got two main options,

go down the route of them now breaking contract by not paying me on time if i can still do this

or

try and settle it with them to meet in the middle.

Ive spoken to my boss over the weekend and he's said he will sort out my salary on monday.

Now i dont know if this means i'll get paid what im owed on monday or if he's trying to stall till monday when i dont show up and they'll claim at that point im breaking the contract

Hammyman

DVardysShadow wrote: »

I would say they could only sue successfully for the difference between employee pay and temp pay.

Err...no. Depending on the job, there could potentially be loss of business as well.

SarEl

jiffk wrote: »

i was going on sarEL's post about them breaking contract by not paying me on time/withholding payment.

It looks like ive got two main options,

go down the route of them now breaking contract by not paying me on time if i can still do this

or

try and settle it with them to meet in the middle.

Ive spoken to my boss over the weekend and he's said he will sort out my salary on monday.

Now i dont know if this means i'll get paid what im owed on monday or if he's trying to stall till monday when i dont show up and they'll claim at that point im breaking the contract

I wouldn't consider you to be out of time for Monday to be an immediate response, but I would think that if this can be settled amicably then do so - legal action always creates confrontation and in the end - all you want is paying! But none of this makes an differnce. If the whole of thw age is in arrears they owe the money. End of story.

jiffk

well i thought it was dependant on when you were paid and when you start working but as you said its not.

The wording in the contract just says paid monthly in arrears by bacs or other method

and i agree i would rather settle it amicable becuase that would more likely result in me getting paid sooner than have to fight them to get what is owed and then i can just get on with my new job!

jiffk

should i give my boss an ultimatum to sort out my due wages tomorrow and if he does then i'll help them out in the coming weeks with out of hours help and advice.

And if he doesnt then i'll assume they are breaking my contract by not paying me on time?