Employer holding 100% payment after resignation?

hammyloo

Im just looking for a bit of advice regarding money owed to me.

Was employed by a rather recognised company of a retail nature who I will keep anon. They took on six new employees and had one left by 10 days in.

I was employed by said company 18th-29th May and worked a total of 58hr 45min at a rate of minimum wage I have calculated that I am owed £361.81.

On the 29th May I posted my notice to them stating I was resigning with immediate effect and not able to work my weeks notice. The date of pay for this period falls on the 28th June. I am still in contact with two of the employees who were sacked within the ten day period and they have both been paid today, due to the pay day falling on a weekend.

I am holding off ringing ACAS until the actual pay date, which is tomorrow. But I am wondering if they have any grounds to hold my pay? Apart from not working my notice, (Which even if they deducted a weeks pay from me they still owe me) Ive scoured my contract and the only part in reference to this is that it states they reserve the right to deduct from my salary in the form of holidays, training cost (had none) and repairing loss or damage to the company.

Do they have any legal right to not pay me?

Also, just to add Im not afraid of hard work, I am already in another job. I left as the said company had terrible power mad management to the extent I have never seen before!

Undervalued

hammyloo wrote: »

Do they have any legal right to not pay me?

No, they must pay you for all work done and the small amount of holiday you have accrued.

However they could also (in theory at least) sue you for breach of contract if your leaving without notice caused them any unavoidable extra expense. Obviously they would have to deduct what they would have paid you had you been at work and could only claim the difference.

It is very rare (but not unknown) for this to actually happen.

More likely is for them to do as you suspect and effectively call your bluff i.e. "you sue us and we will sue you".

agrinnall

I think you may be jumping the gun, plenty of banks will post transactions on Friday night/Saturday morning that have a Saturday date, wait until tomorrow morning to see whether the money has gone in before doing anything.

hammyloo

agrinnall wrote: »

I think you may be jumping the gun, plenty of banks will post transactions on Friday night/Saturday morning that have a Saturday date, wait until tomorrow morning to see whether the money has gone in before doing anything.

That was the plan anyway

I just wondered if anyone knew where I stood. Unfortunately, no pay into my bank. There has also been no attempt to contact me on their behalf so I'm leaving it until Monday and sorting it from there

Thanks for the help

paystub

Undervalued wrote: »

No, they must pay you for all work done and the small amount of holiday you have accrued.

However they could also (in theory at least) sue you for breach of contract if your leaving without notice caused them any unavoidable extra expense. Obviously they would have to deduct what they would have paid you had you been at work and could only claim the difference.

It is very rare (but not unknown) for this to actually happen.

More likely is for them to do as you suspect and effectively call your bluff i.e. "you sue us and we will sue you".

I agree with you.