Left Job After a Week and Haven't Been Paid

HoldOrFold

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passatrider

HoldOrFold wrote: »

I'm hoping someone can help me with this. I've recently left a job where I only worked 6 days. I didn't hand in any notice, I sent an email saying I quit about an hour before the start of the next day which was acknowledged by email at the start of the day.

I was due to be paid on the last working day of the month, which was yesterday, but was not paid. I rang up to ask when I can expect my pay and was told that the Sales Director wasn't happy that I didn't give any notice and that I must speak to him. He's away for the day.

My contract says this about notice periods:

"The first three months of your employment will be subject to a probationary period, which maybe ended early with mutual agreement by you and your manager. During this time either party may provide one weeks notice. After the probationary period, if you terminate your employment for any reason, you must give one months' notice in writing.

The Company reserves the right to deduct from final salary or any other sums owing to you all (or any) outstanding monies due to the Company or the equivalent monetary value of damage to loss of Company property, for which you are held responsible"

So I didn't give the 1 weeks notice on my contract. However I feel they cannot justify any damages from this. It was a sales position, so if I stayed I wouldn't have had the enthusiasm needed to make successful sales calls. They would have had to pay me for an extra week while I was sitting there being unproductive. I feel I've done them a favor if anything by leaving early.

What are my rights in this situation? Anyone know how I can get my money for the 6 days I've worked there... which is about £500.

Thanks
HoldOrFold

You failed to give them one weeks notice as per contract. I think they are within their rights to withhold payment as you did not see through your notice period.

I'm sure someone will be along soon to clarify this..;)

HoldOrFold

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InsideInsurance

The losses would not just be for the lost sales but also the time and effort now required to go through the recruitment process to replace you, train your replacement and any overtime etc needed to cover the work you should have been doing.

That said, your breach of contract and their breach of contract are two separate issues and unless your contract explicitly says they can be offset then they cannot deduct it from your wage, they'd have to pay you and then go for a CCJ to recover their losses.

The wording you have provided looks slightly wrong but from a non-legal eagle perspective I'd argue the wording isnt broad enough to cover the kinds of losses they are talking about.

Evidently the first step is to read the contract about when payday is etc. Assuming you have passed it and there was reasonable time for pay to be made by that point (some companies need at least a fortnights notice etc) then the second step is to have a mature discussion with the Sales Director as suggested or if that fails then the HR Director

Notmyrealname

HoldOrFold wrote: »

So I didn't give the 1 weeks notice on my contract. However I feel they cannot justify any damages from this.

Hell yes they can as you broke your contract by not working your notice.

What they can't do though is to dock your wages. They will have to pay you any outstanding wages plus holiday pay.

But then they can sue you for breach of contract and sue you for costs arising from that such as temporary agency staff to cover the notice period.

HoldOrFold

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1940sGal

HoldOrFold wrote: »

I can understand not being paid for the notice period, as I wasn't there.
But surely they have to pay me for the hours I worked?

Why? You knew you had to give one weeks notice so why didn't you just work the one week? It was in your contract and you broke that so now you have to live with the consequences.

1940sGal

HoldOrFold wrote: »

This is ridiculous! Surely then, if I had given my notice and simply called in sick every day for a week then I wouldn't be in breach of contract!

I'm sorry but what's ridiculous is that you handed in your notice only 1 hour before you were supposed to start the next day. Whether you would have been unproductive or not had you worked the week's notice you would have come away with the wages owed to you. As it is you couldn't even be bothered to work 1 week.

Mulder00

Afaik, the statutory minimum notice period is 1 week. As you didn't stick to this or agree to anything shorter, you have breached the contract and the company could sue you for damages (recruitment costs, replacement costs etc).

Legally, the only way that you would be entitled to your £500 is if you can prove that an agreement exists between yourself and your employer for less notice.

HoldOrFold

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Mulder00

HoldOrFold wrote: »

This is ridiculous! Surely then, if I had given my notice and simply called in sick every day for a week then I wouldn't be in breach of contract!

That would be deceitful.