messy situation & wages withheld

han182

This is quite urgent trying to resolve quickly!!

ok so i have got myself into a mess with my employer.

Basically it was one of those jobs that wasn't all it seems once you start. Everyone was very nice first two days then transformed into their alter egos.
I cant go into too much detail as its in the care sector but there were several things i was uncomfortable with about the place. In summary i really wasn't liking it after 2 weeks and it just kept getting worse.

I first got in trouble with them when i was taken to hospital ill in the early hours of the morning and so had to phone in sick for my shift the next morning. This was fine as notified them as early as possible but next day i was an hour late telling them i wouldn't be returning so they weren't very pleased but i hadn't expected them to have such bad attitudes considering the reason i couldn't phone was that i was hospitalised for 2days.

Following this by about 9days i had a death in the extended family (complicated dynamic) but we were close as i grew up and only lost touch slightly in recent years due to moving house etc On this occasion i emailed as opposed to phoned that i was going to be off for 1 day as this was followed by 3days off anyway and i would be attending funeral etc. I obv should of followed procedure but i was upset blah blah. And as i had a poor relationship with these people and experienced them being quite cold they were the last people i wanted to talk to. Some staff are tyrannical and the boss cannot be approached as i soon learnt!!

On returning to work i got a written warning i think not sure i was never given anything but i had to sign basically a rough transcript of the conversation. At this meeting my employer surprised me, she brought another member of staff and accused me of fabricating the death of this family member. Not even suggested it outright said it.:mad: :shocked:

Work continued as normal for another few weeks generaly hated it people are obnoxious in some cases and poor standard of care being given imo. One day manager made snide comment to me about not forgetting to clock in. (this was her style would 'remind' people not to make mistakes before they had even got close to doing so then make a really big deal out of it) and i had enough of the whole place so the next morning i accidentally slept in then just decided VERYVERY foolishly and selfishly not to go back.

They did attempt to phone me once but i was asleep as i said and its been 5days and no contact either way. One of those days was a scheduled day off.

(nearly finished sorry)

So now i am too scared to phone them as i expect to be verbally abused etc. But they have withheld all my pay. Ive worked there for 6 weeks. Was initially paid for about 3days work at the end of july.


I am aware that employment law states that they cannot withhold or deduct from wages other than is legally required taxes etc unless it is agreed in my contract.
Another salient point - i have been given a contract to look over but it has not been signed and returned as i am still within the allowed 21 days browsing.
Does this mean i am not in breach of contract as no contract exists? i am aware of verbal contract but that should be documented and the only details discussed verbally were RE wages, breaks, annual leave and probation period in the induction week.

Now i have learnt that if i had quit and not worked notice i could later be sued for costing my employer money for agency staff to cover me etc. But they still cant keep my money without my permission.

Obviously the next step is to phone them but i don't want to say i have quit when i didn't because then i might have to go back to that hell hole and work my notice or else agree to forego some pay to escape the notice.
Im pretty sure they can fire me but i think they will be smart and wait for me to quit. i really don't know what to do i just want to move on and get away from these people with the money i rightfully earned.

please help me find a solution

kingfisherblue

If you were last paid at the end of July, that implies that there is a pay date at the end of August. Have there been any pay dates in between? If not, then it is possible that you will be paid for the work that you have done when payday arrives this week.

princessdon

Certainly where I work time off for a none immediate family and the funeral would be annual leave.

podperson

When were you meant to get paid? Tbh I think it's just splitting hairs to say you haven't quit as you're the one who stopped showing up to work and it's not like you would go back if they asked you to.
Do they have a payroll/HR department you can call as they are less likely to care about the specific details then your immediate bosses would.

Savvy_Sue

Resign by letter? And apologise for the failure to contact them, ask for your wages, and remember you've been accruing holiday pay (if you dare ...)

colino

You have walked off the face of the earth as far as they are concerned. Write a letter of resignation and they will forward what you are owed, otherwise they will do nothing.
Don't worry about them claiming anything back, I think they will be glad to tidy up their books and shut the door on you.

cavework

Quote
So now i am too scared to phone them as i expect to be verbally abused etc. But they have withheld all my pay. Ive worked there for 6 weeks. Was initially paid for about 3days work at the end of july.


OP TBH I don't think they will be too upset that you have decided not to go back. Your behaviour and atitude towards your employer in my opinion is TBH appalling.
I think you had already made the decision that the job was not for you very quickly, hated the job from day one but instead of being honest decided it was all the fault of your employer.
How many times did your employer have to ask other members of staff to cover your absence because you could not go to work?
These people are also working for a living doing the same job as you and getting on with it.
You really have an awful lot to learn about being employed

kingfisherblue

I must admit that my daughter works in the care sector and has received a phone call at 7am to ask if she can come in as soon as possible because staff haven't turned up. It has meant that she has gone in on her day off, gone in early after working a late nighht the day before, and also that the whole household has been woken up early when the phone rings.

By the time the OP's email has been read, some staff will have been at work for two or three hours - after all, reading email isn't priority so early in the morning, but helping residents to get up washed, dressed and fed is priority.

dawyldthing

I know where I work you have to give them at least 2 hours notice if you are ill, and it would be frowned upon if you just didn't turn up and they were expecting you (especially when you get to the end of your shift and are ready to go home, only to have to wait until someone takes you off).

But if you want to leave (well have already left, but want your money) just send them a resignation saying thank you for employing me but I have decided that it is not the job for me and was wondering if I could be sent all the money due. Also check in your contract if you will be charged for training etc as I know with ours its 150 quid if you leave within 3 month and then your CRB check cost ontop of that, so can equate to quite a bit