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

agrinnall

What pinkshoes suggests you do is sensible, but I would also give them a time scale (either 1 week or 1 month would be my suggestion) in which you expect payment to be made, and state that if it's not received you will register an employment tribunal claim, which I believe has to be made within 3 months minus 1 day of leaving.

DannyWhoWorks

I could turn down shifts yes, but its normal protocol to find someone else to cover these shifts. What happend is, I worked on the Saturday and gave my notice in that day. I had arranged cover for the day after - Sunday and also the Friday night. so really, would this class as a weeks notice? I think they closed the shop because noone wanted to cover for 2 hours or something like that.

Thanks so much for all this advice guys, I'm going to write a letter to him and hope for the best!

paddedjohn

have you actually been to see your ex boss to find out why you havnt been paid? it may just be an oversight.

DannyWhoWorks

paddedjohn wrote: »

have you actually been to see your ex boss to find out why you havnt been paid? it may just be an oversight.

I have not, but I know what he is like. He has a past of doing stuff like this. He never pays bills that the shop owes, this is mostly stock that the shop has brought. He also got rid of our manager because he was too ill but refused to pay him his last months pay and no sick pay. So, I know exactly what he is like. But I will not let him get away with it. I just wanted to know if what I had done was 'by the books' and I had a case to argue with him about.

LittleVoice

DannyWhoWorks wrote: »

I could turn down shifts yes, but its normal protocol to find someone else to cover these shifts. What happend is, I worked on the Saturday and gave my notice in that day. I had arranged cover for the day after - Sunday and also the Friday night. so really, would this class as a weeks notice? I think they closed the shop because noone wanted to cover for 2 hours or something like that.

Thanks so much for all this advice guys, I'm going to write a letter to him and hope for the best!

If you handed in your notice on a Saturday the notice period would run from Sunday to Saturday. Had you been rostered to work on the following Saturday? If you had been, that was still within your notice period.

SarEl

The word of caution here is that if the employer is savvy, and countersues, they have you by the proverbials. It does not matter that your were the "cover staff" for others - it matters that you had agreed to work these shifts and did not. Since the owner paid time and a half in order to get cover for these shifts, there is a quantifiable loss that can be demonstrated. As is a closure of the shop for a period because there is no cover due to your absence - that ought to be quantifiable too.

shocky_2

If he had to pay people time and a half to cover your shifts, then assuming you are all on the same hourly rate the boss has suffered loss of roughly half your salary for one week. It sounds like you worked from 1st to 15th September, so you should still be getting paid for 1.5 weeks even if there is a deduction.

Uncertain

SarEl wrote: »

The word of caution here is that if the employer is savvy, and countersues, they have you by the proverbials. It does not matter that your were the "cover staff" for others - it matters that you had agreed to work these shifts and did not. Since the owner paid time and a half in order to get cover for these shifts, there is a quantifiable loss that can be demonstrated. As is a closure of the shop for a period because there is no cover due to your absence - that ought to be quantifiable too.

I doubt the shop have any written evidence to support a claim that the OP agreed to work these shifts. I imagine as time passes it will get harder for the OP to remember any such agreement.......

Equally, when he reflects on the "breakdown" it may well be that he was actually dismissed and told not to come back. Were there any witnesses?

Alternatively, were there not five or six days between the OP leaving and his next normal shift? I doubt he had a contract requiring more than statutory notice so he effectively gave five or six days notice rather than seven.

SarEl

Uncertain wrote: »

I doubt the shop have any written evidence to support a claim that the OP agreed to work these shifts. I imagine as time passes it will get harder for the OP to remember any such agreement.......

Equally, when he reflects on the "breakdown" it may well be that he was actually dismissed and told not to come back. Were there any witnesses?

Alternatively, were there not five or six days between the OP leaving and his next normal shift? I doubt he had a contract requiring more than statutory notice so he effectively gave five or six days notice rather than seven.

Possibly yes. But I suspect the shop owner may have an equally bad memory as to the hours the OP worked. And that any witnesses will still be in the shops employ and will therefore have a clear memory of the owners side of the story. Making stuff up is a wonderful thing - but most people are uniquely poor liars and when they get in court, come apart at the seams.

DannyWhoWorks

Thanks so much for the advice guys! I know it's a bit tricky to see, but I promise you guys I am in the right in this situation and I would not chase this money if I thought I had 'left them in it' for selfish reasons.

One thing I have thought of, is also chasing the Holiday pay I am owe. If he is going to be like this, I will try and get some of this money back by claiming the holiday days I am due as someone pointed out in this thread. Because I don't work set days etc. Is there anyway I can work out how much holiday I am due if I add the hours I have worked from April to now?

Thanks.