leaving my job withhold wage and holiday entitlement

shufmuff

sangie595 wrote: »

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.


but it will cost them also!!.

sangie595

shufmuff wrote: »

sangie595 wrote: »

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.


but it will cost them also!!.

There's absolutely no reason why it should. There is no fee for a respondent to pay, and there is no reason for them to have to retain legal advice. They could spin it right out to the very last moment (or beyond if they wanted to), and the OP pays £390 to get a few days pay, and they pay nothing except the few days pay, assuming they have to pay that. Plenty of employers are playing it this way now, because they know the cost of the tribunal is more than many people are owed. And they can afford to play a "flyer" even in civil proceedings - if they introduce any element of employment law then the court has to remit to a tribunal and the claimant ends up back in the same place. Things are not as they used to be.

jobbingmusician

So you just walked out? If so.........


The employer could theoretically sue you for breach of contract, and the costs of replacing you for the days when they were expecting you and you didn't turn up. This would probably absorb your two days' pay.


The employer could (and probably WILL) sack you for being AWOL, which would be construed as gross misconduct, so wave goodbye to any idea of notice payment.


I would ask them nicely, in a letter, for the two days' pay and the holiday pay you are due, and give them a good explanation with an apology for why you suddenly felt unable to go to work any more. However, I wouldn't harbour any fantasies about ET for the reasons given above.

DandelionPatrol

jobbingmusician wrote: »

The employer could (and probably WILL) sack you for being AWOL, which would be construed as gross misconduct, so wave goodbye to any idea of notice payment.

There really is no such thing as Notice Payment, there is only normal pay for working while the notice is served unless the employer offers PiLoN.

You don't need to even argue Gross Misconduct for it to be obvious that no 'notice pay' is due

anamenottaken

jobbingmusician wrote: »

. . . .

The employer could theoretically sue you for breach of contract, and the costs of replacing you for the days when they were expecting you and you didn't turn up. This would probably absorb your two days' pay.

They shouldn't claim the full amount of replacing the OP. They could really only claim for any additional cost of employing someone else or paying overtime at a rate above that which the OP would have earned.

DAKOTA45

Sorry to jump in… I have had the same thing happen to me. I worked for 3 years as a PA to my disabled brother and left work at retirement when I had yet to receive any holiday pay for the preceding year, and my employer said that as the holiday year ran from April and I left in September, they did not owe me any holiday pay. Yet in the contract, there was nothing to say which date the holiday year commenced. I even arranged for someone to take over from me, so they were not left without cover.

LittleVoice

DAKOTA45 wrote: »

Sorry to jump in… I have had the same thing happen to me. I worked for 3 years as a PA to my disabled brother and left work at retirement when I had yet to receive any holiday pay for the preceding year, and my employer said that as the holiday year ran from April and I left in September, they did not owe me any holiday pay. Yet in the contract, there was nothing to say which date the holiday year commenced. I even arranged for someone to take over from me, so they were not left without cover.

If there really was nothing about a holiday year start date in any written information (including a statement of your job title and rate of pay etc or something which might be considered a staff handbook) you have received as an employee, then you would have a personal holiday year starting on your first day of employment with that employer.


Did you start in the role before 1998?