Resigning and contract issues

SarEl

jiffk wrote: »

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?

My advice woud be to play it by ear. Starting out with a threat backs people into corners. I would advise being calmly annoyed by the failure to pay, find out what he intends to do and when you will get it, and use your ammunition (both in terms of co-operation and the legal position) only if you have to impress upon him that you are not best pleased with them.

jiffk

ok that sounds like a good plan.

I just wanted to make sure by giving them time i wasnt playing into there hands.

I'll give him tomorrow to either pay or explain the reasons behind the payment hold and when im likely to get paid and that im also willing to talk about the on going help as long as it gets sorted out in a timely matter.

If he doesnt give a good response or any response at all tomorrow i'll go to the next step!

jiffk

after a bit of negotiating they paid me the last months wages and expenses and already offered one of my friends/ex collegues my role and i've been helping him out.

I dont know why they bothered to play hard ball at all maybe just to cause me some agro and stress in return for theirs.

Anyway thanks everyone for teh advice it will come in handy in the future as a lot of employement law doesnt seem to be common knowledge or always common sense!

SarEl

jiffk wrote: »

after a bit of negotiating they paid me the last months wages and expenses and already offered one of my friends/ex collegues my role and i've been helping him out.

I dont know why they bothered to play hard ball at all maybe just to cause me some agro and stress in return for theirs.

Anyway thanks everyone for teh advice it will come in handy in the future as a lot of employement law doesnt seem to be common knowledge or always common sense!

Pleased to hear that. To be fair, they may have been "playing hardball" (or to put it another way - by the legal position) because they did not want to set a precedent of allowing people to simply ignore their notice period. Which if you think about it impartially, is fair enough.

I would have to say that the fact that even basic employment law isn't "common knowledge" is not particularly because the information isn't out there, but because people tend to float along giving it not a thought until they hit the wall. But I would agree that it doesn't follow common sense rules - but then again, common sense isn't always that sensible!

woody01

If they force me into working a months notice then i will not be a very happy employee at all so wouldnt be doing a good job at all!

Thats the spirit!
I bet your new employer has no idea you have this kind of attitude when things don't fall your way.

From what i can remember this is the first time i have seen this document saying i have to give a months notice and my boss has waited till the last minute to give it to me. Surely i can argue that this is unfair and i have told my potentional new employeer that i would start in a week and my current boss has not disputed it till near the end of the weeks notice.

If you don't even know your own notice period, it's hardly your bosses fault is it.
You told your new employer you would start on a certain date without even knowing your own notice period. How you can argue this is unfair is completely beyond me.

after a bit of negotiating they paid me the last months wages and expenses and already offered one of my friends/ex collegues my role and i've been helping him out.

You were lucky this worked in your favour, but it would've been better to go through this route first.

jiffk

SarEl wrote: »

But I would agree that it doesn't follow common sense rules - but then again, common sense isn't always that sensible!

or that common

jiffk

woody01 wrote: »

If you don't even know your own notice period, it's hardly your bosses fault is it.

Well it is and it isnt, they never gave me a contract or anything saying what my notice period was and i never really thought about it as its never been anything that had come up before in my life before.

I've also found info on the web was a bit sparse and it was only after a few days of googling that i found the direct.gov information stating that a week was the minimum.

marydot

They only paid you because they wanted you out as soon as possible, once you start talking employment laws they really dont need that hassle, so they pay and get someone else in to do the job as soon as possible. forget about this job as its the past. They are probably glad you left anyway.