Urgent advice needed please

kerrypn

Thank you for all your advice-sorry to be persistant but just to be clear-they cannot dock my pay or refuse to pay me for hours already worked can they if I phone tomorrow and say I am not working my notice? I have 3 children to feed so this is v important

katsu

Legally you are entitled to be paid for the hours you worked, they can only make deductions if you owe them money (such as having taken too much holiday, or perhaps having any outstanding loan). If they do not pay you your wages and accrued holiday pay then you could bring a claim against them in an Employment Tribunal for unlawful deduction from wages. The risk is that this would take time, so if they were naughty and didn't pay you properly it may take time to resolve.

kerrypn

Thank you-they owe me hols I havent been allowed even 1 day annual leave, and definitely no loans. I feel much better now, I will let you know how I go on tomorrow, the owner will be furious as he was insisting on the month, even though I really have given my heart and soul to that home-I was promoted to a senior after 1 month, got no pay rise and was left in charge on several occasions and regularly get phone calls at home. It is an intermediate unit, so the PCT funds that part(half the building is a residential home), so it might be worth mentioning it to the PCT. I joined the company when it was in the poop and worked hard to turn it around, went to training unpaid, came in on days off unpaid to do paperwork, stayed behind almost every shift for at least 15 mins unpaid, just feel I deserved to be treated a bit better. Thanks for everyone's help

Sambucus_Nigra

I would re-write your letter of resignation saying that you hereby give one week's notice [as per the statutory minimum] from your original date - and you need to withdraw the last letter of resignation as it was written under duress, and as such your last working day will be X

I would also state that you have y date accrued of annual leave, that you will be taking [some] of them in between now and your last working day, and that you expect the remainder to be paid in your final wage on the 1st of the Month.

soupdragon10

Surely working for 12 hours without a designated break is illegal? I though you had to have a break after 6 hours of work (or have I got this wrong for care sector?).

Were you qualified to be left in charge (not questioning your competence, but it sounds as though the owner was using you to make up for the shortcomings of their operation).

kerrypn

Thank you, I will withdraw my previous letter and do exactly as you say.

I am qualified legally to be left in charge, but in my personal opinion a nurse would be more competent at this role, but they are not legally required to have one as it is not a nursing home. I am qualified to give out medications, named person for first aid, nvqs etc but yes, I have been used!!!

lynzpower

Thank you-they owe me hols I havent been allowed even 1 day annual leave, and definitely no loans. I feel much better now, I will let you know how I go on tomorrow,

please do this sounds AWFUL!!!

rosie-lee

If you still feel under pressure from the owner. Remember unless he has your signed contract (and you know there isn't one), you are not contractually obliged to work 4 wks notice. Only the statuatory week.

If there is any hint of your pay being delayed or not paid - remember you are in the right, and any tribunal will rule in your favour. Surely he would not be foolish enough to give themselves the bother, you would like to think.

best of luck to you and I hope you enjoy the new job.

kerrypn

Thank you, I am geared up for the phone call tomorrow now, I am going to state that I do not intend to work my notice, will be withdrawing my original letter and replacing it. Depending on how they react I will say about tribunal etc, and am also considering going down the nmw route as this is already under investigation.

A1 advice as always MSE's thanks a million

Googlewhacker

if there was no written contract and no verbal agreement on notice period you SHOULD work your notice which is statutory.

You could be taken to court for breach of contract if you just refuse to do any notice but this is highly unlikely but should be something you are aware of.

If you walk out what is more likely to happen is they may threaten to go tit for tat and say if you take us to a tribunal for this we will take you to court for breach of contract.