leaving my job withhold wage and holiday entitlement

shufmuff

hi, i started at a job 3 months/12 weeks ago, a contract was never signed and i was employed as just a casual worker, things turned sour and once i saw them training someone for my position on my days off i decided to not go back into work.
they have since not payed my for time i have worked or my holiday pay entitlement.
can someone help me please?, are they within there right to not pat me time i have work inc holiday pay i am due?, thanks

General_Grant

shufmuff wrote: »

hi, i started at a job 3 months/12 weeks ago, a contract was never signed and i was employed as just a casual worker, things turned sour and once i saw them training someone for my position on my days off i decided to not go back into work.
they have since not payed my for time i have worked or my holiday pay entitlement.
can someone help me please?, are they within there right to not pat me time i have work inc holiday pay i am due?, thanks

Going AWOL is not a good idea.

Not having a signed contract matters not. Did you receive any written information about the terms of your employment? You were entitled to this information and it would have included information about notice periods. If you really didn't receive anything in writing, then your employer was still entitled to a week's notice from you.

Have you asked your former employer why they are withholding payment of your pay and accrued holiday pay?

shufmuff

i left as they were not ideal employers and i am not surprised i find myself in this position, i could not go back and work for them as they were allowing underage people into the premises which was against the law and i was on the door.
i asked them today and they have not got back to me, i wanted some info here before i go back to them with the nuclear option of employment tribunal, i am owed two days work and holiday accrued over my 3 months, which i am not even bothered about, but the 2 days worked i am for obv reasons.

shufmuff

aside from the reason why i left, am i still rightfully owed anything?., the 2 days work and the holiday money?.

shufmuff

*acas also said that they have to pay me as i called them when this happen 2 weeks ago, its only today that i should have been paid.

shortcrust

You needed to give them at least one weeks notice so I guess they could consider the days you didn't work to have been taken as holiday. Have you actually told them you've quit? You're not going to get anything sorted out unless you do. Realistically, the way you've played it means that you're unlikely to get anything from them.

specialboy

How many days a week did you work?

shufmuff

i worked as a casual worker, usually four days a week, 2 duiring the week 8h and sat & sun 12h, of course i told them i was leaving and not coming back.

specialboy

Easiest thing to do is work out how many hours you have worked in total and multiply by 12.07% to work out how many holidays you have earned. If you walked out without giving notice then they could in theory sue you for any extra expense incurred to fill your role.

sangie595

shufmuff wrote: »

i wanted some info here before i go back to them with the nuclear option of employment tribunal,.

Here's some info for you. It will cost you £160 to submit an employment tribunal claim and a further £230 to pay if it goes to a hearing. Which you can't expect to get back because claimants rarely get awarded costs.


It is cheaper to go down the civil court route, but as already observed by others, that leaves you open to them countersuing (which doesn't often happen, but it can happen), or saying that this was, in fact, your notice period.


Or even that you were dismissed for gross misconduct. Because "they" didn't let underage people in - you were on the door, so you let underage people in.


I am afraid that I have to agree with Shortcrust - unless they intend to pay you anyway, I think you have acted so foolishly here that the risk to yourself is far greater than the risk to the employer, and you are unlikely to come out of any legal claim well.

DandelionPatrol

shortcrust wrote: »

You needed to give them at least one weeks notice so I guess they could consider the days you didn't work to have been taken as holiday.

And that holiday would then have to be paid for ...