Walked out after 11months of employment

1940sGal

shortcrust wrote: »

Wow, you've worked for some seriously bad employers.

As others have said, if you're ready, willing and able to work you have to be paid for your contracted hours. If this wasn't the case we'd all effectively be on zero hours contracts.

It's not a matter of working for bad employers. It's common place. If you don't work, you don't get paid. It's very simple. It happens to me, my sister, my mum...everyone I know actually. Presumably we all work for bad employers? And if it's the case that I should be paid even if i've been sent home early then I am missing a good amount of money from a previous job!

My mum, also. She works in a food production factory. She's contracted to a set amount of hours but sometimes the work load isn't as high as other days and as a result she ends up home before mid-day. She doesn't get paid until 2pm. She gets paid up to the time she leaves.

Also, the OP still hasn't stated whether or not it says in his contract that he will be paid regardless. This has to be made clear by the employer. Otherwise the OP can challenge it all he wants but the employer will just turn round and say 'it doesn't state in your contract that you will be paid regardless of the hours you work'.

Also, at the times he was sent home early, did he question whether or not he would be paid the full day? If not, it's a bit late now and he has even less chance of getting an answer following his walk out. If he's so bothered about his pay he should have handled it like a grown up, questioned it with HR and waited out before making a rash decision. As it is, he stands very little chance of getting an answer now and I don't imagine the employer feels obliged to give one.

Southend1

1940sGal wrote: »

It's not a matter of working for bad employers. It's common place. If you don't work, you don't get paid. It's very simple. It happens to me, my sister, my mum...everyone I know actually. Presumably we all work for bad employers? And if it's the case that I should be paid even if i've been sent home early then I am missing a good amount of money from a previous job!

My mum, also. She works in a food production factory. She's contracted to a set amount of hours but sometimes the work load isn't as high as other days and as a result she ends up home before mid-day. She doesn't get paid until 2pm. She gets paid up to the time she leaves.

Also, the OP still hasn't stated whether or not it says in his contract that he will be paid regardless. This has to be made clear by the employer. Otherwise the OP can challenge it all he wants but the employer will just turn round and say 'it doesn't state in your contract that you will be paid regardless of the hours you work'.

Also, at the times he was sent home early, did he question whether or not he would be paid the full day? If not, it's a bit late now and he has even less chance of getting an answer following his walk out. If he's so bothered about his pay he should have handled it like a grown up, questioned it with HR and waited out before making a rash decision. As it is, he stands very little chance of getting an answer now and I don't imagine the employer feels obliged to give one.

I appreciate you're only trying to help but unfortunately on this occasion the advice you are giving is incorrect.

All employees are entitled to be paid for the work they have done. They are also entitled to be paid if they are ready and willing to work but their employer has not provided them with any work to do, unless your employment contract says otherwise https://www.citizensadvice.org.uk/work/rights-at-work/rights-to-pay/

Rather than rely on random internet people, OP should contact her union rep for assistance and legal advice if necessary. If not a union member, then citizens advice would be a good alternative.

theblessedone

Rules of paying someone are that you only legally have to pay someone time actually worked, regardless of what dates the pay period covers.

However, with regards to a pay date, this must be paid on the stated date within in your contract of employment and via the stated method.

A call to ACAS would confirm this.

Southend1

theblessedone wrote: »

Rules of paying someone are that you only legally have to pay someone time actually worked, regardless of what dates the pay period covers.

However, with regards to a pay date, this must be paid on the stated date within in your contract of employment and via the stated method.

A call to ACAS would confirm this.

Sorry but this is incorrect. See my post above.

Southend1

See also here http://m.acas.org.uk/media/pdf/q/1/Lay-offs-and-short-time-working-accessible-version.pdf and here https://worksmart.org.uk/work-rights/pay-and-contracts/pay/if-i-am-temporarily-laid-work-what-my-pay-position

Southend1

And here http://m.acas.org.uk/index.aspx?articleid=1639

1940sGal

Southend1 wrote: »

All employees are entitled to be paid for the work they have done. They are also entitled to be paid if they are ready and willing to work but their employer has not provided them with any work to do, unless your employment contract says otherwise https://www.citizensadvice.org.uk/work/rights-at-work/rights-to-pay/

This is what I'm getting at. It all comes down to what is stipulated in the OP's contract and s/he hasn't said either way.

OP will have to go to someone like Citizens Advice now since s/he's walked away without notice.

Southend1

1940sGal wrote: »

This is what I'm getting at. It all comes down to what is stipulated in the OP's contract and s/he hasn't said either way.

OP will have to go to someone like Citizens Advice now since s/he's walked away without notice.

Yes, if it is stipulated In the contract then it can be unpaid, however if it is not stipulated that the employee can be sent home without pay if there is no work then it must be paid if the employee was ready willing and able to work.