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

dacouch

SarEl wrote: »

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.

It must be very enjoyable tripping people up on their stories and exposing them as liars.

It must be very difficult for joe bloggs giving a dodgy evidence in court when their against a good brief who has done their research.

getmore4less

DannyWhoWorks wrote: »

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.

statutory holidays(5.6 weeks) works out as 12.07% of time worked.

if full timers get more then the % changes. in weeks it is holidays / (52 - holidays) .

SarEl

dacouch wrote: »

It must be very enjoyable tripping people up on their stories and exposing them as liars.

It must be very difficult for joe bloggs giving a dodgy evidence in court when their against a good brief who has done their research.

Not entirely sure what you meant, but no it isn't enjoyable. It is simply the job. Even if this did land in court, which I hope not, I seriously doubt either party is going to be hiring Rumpole or Perry Mason. But the reality is that most people are appallingly bad liars (which is actually kind of nice - I would be more worried if they were accomplished at lying!). But the judges are also rather good at spotting liars too. They see enough of them.

The best story to take into a court - any court - is the truth. You don't get confused about what the truth is, remember which lie you told when and to whom, and you don't look like you are lying!

DannyWhoWorks

Right, After the advice, I am going to write a letter. I'm going to state that I gave notice on Saturday, and I had arranged cover for my next two shifts and the next shift I was meant to be working was the next Saturday. I also stated that due to the reasons I left, I would be hoping that he would understand. I then added in the holiday entiltement that I am still due, and said if I get my wages, as a good gesture, I am willing to forget this.

Does this sound fair?

DannyWhoWorks

Just to add, I think he very clued up and his wife is a solicitor, so I want to sound fair but at the same time, give facts. So just to sum up, I am entitlted to the holiday pay which I was due, even if I left, and if no contract, if I gave 6 days notice - If I do legally have to loose any of my wages, it would only be for the time the shop closed for an hour on Saturday and the extra money they had to pay for the staff for covering? ... Thanks so much for all this help and advice guys!!!

denla

DannyWhoWorks wrote: »

Right, After the advice, I am going to write a letter. I'm going to state that I gave notice on Saturday, and I had arranged cover for my next two shifts and the next shift I was meant to be working was the next Saturday. I also stated that due to the reasons I left, I would be hoping that he would understand. I then added in the holiday entiltement that I am still due, and said if I get my wages, as a good gesture, I am willing to forget this.

Does this sound fair?

If he's going to deduct wages because of arranged covers then you might as well get your holiday wages too. Not like you'll get any decent references by showing a 'good gesture'. If this employer's already making a fuss holding your wages he won't give you a reference.

DannyWhoWorks

Thanks guys!

Well, I have been paid ... Looked like the text worked so I am very happy about that!

Just a bit more advice, do people think I should chase the £220 Holiday pay or leave it? ... I'm thinking leaving it haha!

SarEl

I think you should, but you maybe want to think about how far you are prepared to push it. Minimum wage compared to the time and effort of a tribunal claim? Depends how much the principle is worth to you. If it's worth it, do it.

denla

DannyWhoWorks wrote: »

Thanks guys!

Well, I have been paid ... Looked like the text worked so I am very happy about that!

Just a bit more advice, do people think I should chase the £220 Holiday pay or leave it? ... I'm thinking leaving it haha!

Wasn't the amount including holiday pay? If not, perhaps you just kicked yourself in the !!!!.

Text? Did you send a letter or a phone text message? Did your message include you're willing to forfeit your right to the accrued holiday pay as 'good gesture' if the employer pays your outstanding normal wages? Not sure if you can consent to giving up holiday pay if employer pays your entitled wages for normal working hours, and later change your mind.

DannyWhoWorks

Hey ... I sent the text before this thread, it was just asking him how comes I have not been paid. I got no reply back but my wages came in today. I have not mentioned holiday pay to him at the moment.