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Laid off no notice given. help needed asap

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I have been working for a company for 6 months and today as i was leaving i was took into the office and told my job no longer exists. i had no meetings about this before hand and my contract says they must give me a weeks notice.
They said i could go in tomorrow and not get paid a basic salary but i can try sales and just earn commission. Otherwise it was nice woking with you.
they have breached the contract.
is there anything i can do?
would going in tomorrow affect anything?
help needed urgently i don't know what to do :(
Comping since Oct 2012 2012/£270 2013/£1328

" Be who you are and say what you feel because those that mind don't matter and those that matter don't mind"

Comments

  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    They need to pay you the weeks notice plus any putstanding holiday you will have accrued and not used. I would phone them about this, wait and see a next payday if this is forthcoming, if not send a letter requesting it within 7 days and if it still doesn't come start an employment tribunal
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • would anything change if i decided to go into work tomorrow to do sales as i would be working commision only and not have a basic wage?
    thank you so much for your reply
    Comping since Oct 2012 2012/£270 2013/£1328

    " Be who you are and say what you feel because those that mind don't matter and those that matter don't mind"
  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    Not sure, sorry
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • it ok i appreciate your help. i just found a government helpline to call they advised me Helpline
    08457 474 747.
    they said if i am only working for commission i am working for myself as they are not paying me a salary and that should not affect the weeks notice they owe me and to ask them will i be getting paid it as you have not asked me to work it
    Comping since Oct 2012 2012/£270 2013/£1328

    " Be who you are and say what you feel because those that mind don't matter and those that matter don't mind"
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 7 March 2012 at 9:28PM
    they still have to pay you the notice and the holidays.

    Commision only srill has to pay minimum wage.
    I would go in to tell them you want your notice pay for a week, will give the job a go(if you want to try) but they need to pay NMW after the first week on normal wage as a minimum, see what they say.

    Depending on the response,

    It will be give it a go and hope they pay, if not then take the action.

    or walk away(reminding them they also need to pay the holidays) with the intention to take action.

    If others are working on these conditions report them to the NMW unit possibly waiting to see if they pay up first(DO NOT tell them you might do this or try to use it to negotiate thats blackmail).

    (google minimum wage HMRC)
  • Russe11
    Russe11 Posts: 1,198 Forumite
    they might be hoping that you accept your holiday you have yet to take as your notice period.

    This is lawfal, but you don't have to accept that and you need to make it clear you do not accept your owed holiday as part of your notice period, if you do this then they can not play that card later on if you need to take things further.
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