Gave no notice that I am leaving but boss not paying me for hours I have worked

DannyWhoWorks

Hey, I have been working for a shop on and off for the last two years. I have no working contract and have never signed one. Last Saturday I had a bit of a 'breakdown' and I quit there and then. That week we was due our wages. The boss is known for not paying bills etc when people have upset him and surprise surprise I have found out that all the other staff members have been paid but not me! He obv is going to try and refuse paying me.

Do I have any ground to complain? I want the money I worked for (Around £450). but because I gave no notice that I was leaving, does he have reason not to pay me?

Thanks so much for any advice

Gilbert2

You will have had some sort of contract of employment, it appears it was verbal rather than written, which is acceptable but not ideal for each party.

In addition you should have received 'Particulars of Employment,' which is a document detailing your employment details.

Signatures are not required for anything.

You need to explain a great deal more regarding your employment for anybody to advise you correctly.

However, it would be unlikely that your boss can withhold your wages in your circumstances.

shocky_2

In theory you have breached your employment contract by not giving notice. Minimum notice period for you is one week (or two weeks if you have been employed continuously for two years). If your employer suffered economic loss from this breach then he would have a counterclaim against you, but this is unlikely.

But he still has to pay you. Your employer cannot make deductions which have not been authorised by you in writing - see http://www.legislation.gov.uk/ukpga/1996/18/section/13.

You should write a "letter before action" threatening employment tribunal proceedings if your employer does not pay. You can find templates online. If he still doesn't pay, start employment tribunal proceedings. Watch the three months minus one day time limit for failing a claim in the ET (after 3 months you could file a claim in small claims court but there would be a court fee for this).

getmore4less

youngsolicitor wrote: »

In theory you have breached your employment contract by not giving notice. Minimum notice period for you is one week (or two weeks if you have been employed continuously for two years). If your employer suffered economic loss from this breach then he would have a counterclaim against you, but this is unlikely.

But he still has to pay you. Your employer cannot make deductions which have not been authorised by you in writing - see http://www.legislation.gov.uk/ukpga/1996/18/section/13.

You should write a "letter before action" threatening employment tribunal proceedings if your employer does not pay. You can find templates online. If he still doesn't pay, start employment tribunal proceedings. Watch the three months minus one day time limit for failing a claim in the ET (after 3 months you could file a claim in small claims court but there would be a court fee for this).

THats the employer notice not employee which remains at one week unless contractual says more.


Don't forget the holiday pay.

Hey, I have been working for a shop on and off for the last two years.

when yopu say on/off any min hours or just when asked, could you refuse/turn down offers of work.

Uncertain

youngsolicitor wrote: »

In theory you have breached your employment contract by not giving notice. Minimum notice period for you is one week (or two weeks if you have been employed continuously for two years). If your employer suffered economic loss from this breach then he would have a counterclaim against you, but this is unlikely.

But he still has to pay you. Your employer cannot make deductions which have not been authorised by you in writing - see http://www.legislation.gov.uk/ukpga/1996/18/section/13.

You should write a "letter before action" threatening employment tribunal proceedings if your employer does not pay. You can find templates online. If he still doesn't pay, start employment tribunal proceedings. Watch the three months minus one day time limit for failing a claim in the ET (after 3 months you could file a claim in small claims court but there would be a court fee for this).

Whilst this is 100% correct what is more likely to happen with this type of boss are vague threats of "you sue us and we will sue you".

As stated, you are entitled to be paid right up until the moment you walked out plus payment for any untaken holiday which again accrued right up to that moment.

Hopefully it won't but be aware it could get messy. To have a valid claim against you the boss would have to show an actual, quantifiable financial loss despite using his best efforts to minimise the loss.

Uncertain

getmore4less wrote: »

when yopu say on/off any min hours or just when asked, could you refuse/turn down offers of work.

If you could then it amounts to a zero hour contract in which case you were under no obligation to work unless you want to.

SarEl

Uncertain wrote: »

Whilst this is 100% correct what is more likely to happen with this type of boss are vague threats of "you sue us and we will sue you".

As stated, you are entitled to be paid right up until the moment you walked out plus payment for any untaken holiday which again accrued right up to that moment.

Hopefully it won't but be aware it could get messy. To have a valid claim against you the boss would have to show an actual, quantifiable financial loss despite using his best efforts to minimise the loss.

Actually it is 90% correct - getmore4less is correct that employee notice always remains at one week unless varied by contractual terms.

However, I think this may be slightly more complicated. The OP says they have worked "on and off" - so either a casual worker or a zero hours contract, probably the former. Any evidence at all that the OP has actually worked there? Any evidence at all they have worked the hours that they claim? If the owner of the shop says they weren't working there when they claim they were - any way of proving it?

And one other question, without wishing to cast any aspertions at all, but it does so happen that every now and then, people who work "on and off" might, for example, not be on the books: the employer might, say, pay them cash without PAYE or NI, and then the worker might forget to declare it...? Any possibility OP, that your employment isn't quite "straight up"? Because if so, better say so now - it could have an inpact on whether you can claim to a tribunal or not, or what might happen if you do try to reclaim the money.

Sorry to have to ask - but experience tells me to always ask!

pinkshoes

If you didn't work your notice, did you leave them short staffed, and did they have to employ someone else at short notice?

DannyWhoWorks

Hey, thanks so much for all the advice! I'll try and cover all the questions .

The way I was paid was all 100% legal. I'd get a pay slip, I sorted my tax code out so I did not pay tax (I am a student) and it is 100% legal.

The thing about the shop showing a loss because I have left is what I am a little worried about. For people to cover my hours, they have agreed to give them time and half - even though most of my time working there I was covering people at very short notice! (sometimes hours), also I'm aware that they closed the shop for an hour on Saturday.

How my hours go, its a little strange. From April to around October I was just the cover boy. Anyone needed a shift covered, I would do it. From October, I did have a few hours I would do regular, but then again, these were often swapped around and everyone at the shop does not do their 'acutal hours' its very relaxed. I hope I have covered everything here! Thanks so much for all the advice. Just on a side note, I do have a very valid reason why I did leave on such short notice (I say short notice, but I left on the Saturday and I was next due on to work on the Friday night) so they did have 6 days notice (I have just thought of that).

pinkshoes

Sounds like you worked a zero hours contract, so if you're not due to work until Friday, and only had to give 1 week notice, then you could always phone in sick on friday...

(Or did you mean you quit saturday before last??)

I'd write to them, confirming your resignation, and asking for your P45 and salary of £X owed.

getmore4less

Could you turn down shifts when offered?

When did you give your notice was it on the last Sat you worked?
Did you leave mid shift?

You were dues to work the following Friday, what about the Sat?

which Sat did they close the shop and why?