Employment seperation - Problem with enmployer

Wolfmother_2

I have worked for my employer for just over 18 months and in that time I have not had one day off through sickness or injury, infact the only time off I have had is statuory holidays and annual leave, I have even worked a considerable ammount of overtime at normal rates not time and a half.

There has been a noticable distancing between my employer and myself over the last few months and the relationship has been a little frosty but always remained professional.

Last week I called my employer the night before work on Wednesday to say I would not be attending work for the rest of the week and over the weekend decided I did not want to return to this position so called again to let him know of my decision and also put a letter in the post to confirm that I was giving formal notice to quit.

I have not been to the doctor as there is really nothing wrong with me other than I could not face the atmosphere at work any longer, I do not want any sick pay nor will I be claiming any benefits but I do want money owed to me for the part month worked and a week in hand owed to me.

I called my employer Thursday to confirm he had recieved my resignation letter and he said he had not - I dont believe this - it was posted first class the previous Saturday. He now says that he wants a sick paper and that he will not pay me money owed until he has had time to work out what he owes me as he says I have had time off and that I owe him days which is a lie. I have never had a payslip or a written contract from him and he will no doubt say that he did not receive the second letter I put in the post Friday as he is trying to make things difficult for me.

My question is what should I do next, do I have to have a sick paper even if I dont want sick pay, I could easily get one for stress or the like but dont really want to go down that road.
How can I prove that I dont owe him any time through non attendance as I have never had a payslip to confirm hours worked etc.

Cheers guys.

Uncertain

You do not need a sick note for the first seven days, you can self certify for this. The employer should give you the form but you can also download one form here http://www.hmrc.gov.uk/forms/sc2.pdf

If the employer refuses to pay what is due, after a reminder, you can make a claim (free of charge) at an employment tribunal but you must lodge the claim within 3 months.

Wolfmother_2

Uncertain wrote: »

You do not need a sick note for the first seven days, you can self certify for this. The employer should give you the form but you can also download one form here.

If the employer refuses to pay what is due, after a reminder, you can make a claim (free of charge) at an employment tribunal but you must lodge the claim within 3 months.

Must I self certify even though I dont want sick pay and must I then provide a sick paper from the doctor after this expires, also how much notice should I give as there is no written contract?

Uncertain

Wolfmother wrote: »

Must I self certify even though I dont want sick pay and must I then provide a sick paper from the doctor after this expires, also how much notice should I give as there is no written contract?

With no written contract the statutory notice is one week.

The employer is entitled to expect self certification for the first week then a doctor's note. However, what can he do if you don't provide it? Sack you? - but that hardly matters if you want to leave anyway!

What he cannot do is withhold wages or outstanding holiday pay. If he does that file a tribunal claim (which you can do free of charge online).

You are entitled to at least statutory sick pay from day four of you absence so you might as well add it to your claim!

Notmyrealname

Wolfmother wrote: »

Last week I called my employer the night before work on Wednesday to say I would not be attending work for the rest of the week and over the weekend decided I did not want to return to this position so called again to let him know of my decision and also put a letter in the post to confirm that I was giving formal notice to quit.


My question is what should I do next

Work your notice period. If you don't YOU are in breach of contract and you leave yourself wide open to being sued for losses incurred including but not limited to the cost of temporary staff and profit lost.

Uncertain

Notmyrealname wrote: »

Work your notice period. If you don't YOU are in breach of contract and you leave yourself wide open to being sued for losses incurred including but not limited to the cost of temporary staff and profit lost.

Wildly overstated as usual!

The firm could theoretically claim for any unavoidable losses (which they have a duty to use their best efforts to minimise) after deducting the savings they make on the employee's wages and employment costs.

However, in this case the employee only has to give a week's notice (there is no contractual clause requiring more) and they can self certify as sick for a week making the whole exercise pointless.

Notmyrealname

Uncertain wrote: »

Wildly overstated as usual!

Tell that to the people on here who have been successfully sued by their employers after people like you said they wouldn't.

Uncertain

Notmyrealname wrote: »

Tell that to the people on here who have been successfully sued by their employers after people like you said they wouldn't.

The only case I remember on here, where a former employee was sued by their employer for failing to work their notice, the employer LOST.

Perhaps you would like to post links?

I have never, ever said this can't happen under certain circumstances. Equally, I accept that threats to this effect may be made in an attempt to deter an ex-employee from making a valid claim.

What you seem completely unable to grasp is that to have any chance of successfully making such a claim the employer would actually have to suffer a quantifiable financial loss despite taking all reasonable steps to mitigate their loss.

More commonly the employer actually saves money. Having somebody at work who really doesn't want to be there, to the point that the only reason for their attendance is a fear of being sued, is hardly productive.

I am not saying that walking out is, in most circumstances, an ethical or moral thing to do. However, unlike you, I don't ram my morals down people's throats. I tell them the facts and their rights under the law as best I understand it and leave them to make up their own minds.

Sambucus_Nigra

Notmyrealname wrote: »

Tell that to the people on here who have been successfully sued by their employers after people like you said they wouldn't.

Who would they be then?

Wolfmother_2

Many thanks for your help.

Buellguy

Wolfmother wrote: »

Many thanks for your help.

Just remind me NEVER to employ you - and before I get flamed - I am sure there will be people on here who - if an employer did this (i.e. just sod off with no explanation) to an employee, would be all over the employers backs. I also wouldn't expect a very good reference