Im Desperate! Help needed re unpaid wages :(

princessdon

Re the crb - what is the practise there? From your short time do you know if Everyone has this deducted on first pay? If this is so then she *may* have a right, if she did because you messed her around (and you have) then she needs to suck it up and alter future contracts and learn from her mistake.

tactful

marybelle01 wrote: »

And clearly post count is an indicator in your case. Probation is nothing to do with notice periods and you have been told this by several people here. But if the OP is happy to hear what they want to hear, regradless of the fact it is incorrect...

Please stop giving such blatently wrong advice. You are wrong. Accept it and stop trying to de-rail threads on a quest to save an ego that is doomed to failure.

Many contracts state that employment can be terminated with 24 hours notice on either side, while the probationary period is in effect.

Niknik77

I know that she is only asking for it back now because I have left. Im sorry but I dont think that I have messed her around. I have never worked residential before & she knew that, in my first few shifts, I had a drug overdose & a physical fight, which I had to seperate, this was not conclusive to my condition. I was honest & upfront once I knew that this was going to be a problem!

princessdon

Ok - did You earn more than £107 per week before sick? They cannot deny sick pay - but if you didn't follow procedure then this is something you need to learn from.

Niknik77

Yes I did earn more than that. I have learnt my lesson & will not be working residential ever again!

tactful

Niknik77 wrote: »

Thank you for your help. I have not sent her anything up to now, like I said she accepted my explanation over the email & has not requested anything further from me. Should I get a self cert posted off to her?
I am entitled to 28 days holidays a year, this equates to 210 per year, as we do shifts not 9-5.
My contract states that I am not entitled to contractual sick pay. Also there is no mention on here of having to repay the CRB costs!

Although she didn't ask for any documentation this would normally be handed over in a back to work discussion. You can self certificate for seven days but you will need a fit note for more than seven days I believe.

princessdon

You have messed her around (thats why she is now being difficult) but it's irrelevant - she can't deduct for that reason alone. She should have put in the contract.

She can't deduct


Re the notice - she *may* counter claim you broke the contract - but if you have an email then look at that. Does she state no need to work it, can you get a fit note for the duration?

Niknik77

I appreciate the help given but I am not staying on here to be attacked. I have explained that I have a mental illness & not once of compassion has been shown. I will ring ACAS on Monday. Thank you for your time.

miggy

Hey Nikki,

Your post seems perfectly clear to me, sorry you've had this reaction!

I can understand you needing to protect your health: if other people are saying they can see symptoms then you're right to take action.

I believe some care facilities struggle financially (sadly it's about profit and loss) and it sounds to me as though your manager is trying to cut costs. You are owed for what you work, though. Have you spoken to the CAB? They may be able to give you advice?

I hope you get satisfaction soon.

marybelle01

tactful wrote: »

Please stop giving such blatently wrong advice. You are wrong. Accept it and stop trying to de-rail threads on a quest to save an ego that is doomed to failure.

Many contracts state that employment can be terminated with 24 hours notice on either side, while the probationary period is in effect.

You are the one who is wrong. Any contracts that state that are illegal. Statutory notice periods (and nothing at all to do with probation) allow for immediate notice only in the first month, and only if the contract does not state otherwise, which in this case it does.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Resigningorretiring/DG_175837

Simply calling me names doesn't make me wrong. I suggest you look it up - you will see that I am right.