Boss taking the p*** deductions for quitting

sangie595

pathtofreedom wrote: »

It might depend how much you earn as well, if you're earning above minimum wage, and the £80 doesn't reduce your salary that week or month so much your hours over that time are below minimum wage, then I think they can do it as you signed the contract.

If it does take you below minimum wage though that might be a different angle to look at this with. Might be worth a chat with acas or citizens advice?

This does not apply - there is no limit to the deductions that can be made from a final salary payment.

But if the OP has completed their probationary period, there are no deductions to make, are there?

Leo2020

Pendrix wrote: »

Yes, turns out it's not as straight forward as I thought. Apparently I'm in continuous employment from last job which transferred so now boss is claiming my probationary period ended with last employment and therefore under their contract I need to give full four weeks notice and they are going to force me to take holiday pay etc and deductions etc. Basically, I'll be working for next to nothing the next four weeks as punishment for quitting a job I now hate because the new managers are so horrible.

Well you can't have it both ways. If continues employment then you will have to give notice as per your terms of your employment.

Not sure what you mean about forcing to take holiday pay and deductions? If you have taken more holiday then what you have accrued then you will need to pay this back, is this what you are talking about? That is not a punishment it is perfectly acceptable.

Pendrix

Leo2020 wrote: »

Well you can't have it both ways. If continues employment then you will have to give notice as per your terms of your employment..

I thought this only applied to starting under the new management. Obviously not. Thing is, I was never under a probationary period with previous employer and had no contract with previous employer. I was always getting above minimum wage. New managment took over business, gave me this contract to sign with all this probationary period whatnot in it. Doesn't apply to me but managment still saying I have to give four weeks notice and take deductions as per contract. I'll post the bit they're quoting later.

Leo2020 wrote: »

Not sure what you mean about forcing to take holiday pay and deductions? If you have taken more holiday then what you have accrued then you will need to pay this back, is this what you are talking about? That is not a punishment it is perfectly acceptable.

Had no holiday yet. I'll post reponse from management soon.

Pendrix

If I have never been on probation period with previous employer doesn't this mean that paragraph in the contract doesn't apply to me? I haven't completed a probationary period under previous managment nor this one because I was never on one.

sangie595

Pendrix wrote: »

If I have never been on probation period with previous employer doesn't this mean that paragraph in the contract doesn't apply to me? I haven't completed a probationary period under previous managment nor this one because I was never on one.

If you have been working there that long, then you completed it whether you had one or not! I still don't understand what deductions there are if toy have completed the probation and they say that you have.

Pendrix

sangie595 wrote: »

If you have been working there that long, then you completed it whether you had one or not!

I don't see how this can be the case. My previous employer never put me on a probation period. Doesn't it have to be mutally agreed between employer/employee?

bingo_bango

You have been there for almost 9 years. No matter whether anything was mutually discussed or agreed, any reasonable observer would admit that you are not any longer on probation (if indeed there ever was a probationary period). I'm afraid that argument just wouldn't fly.

Added to that, the 'big boss' you called has confirmed that you are not considered to be in a probationary period due to previous employment. That is the answer you should be focussed on.

Bear in mind that after 2 years of continuous employment you have more protected rights than a worker just in a few weeks. I would suggest that the first two years you worked there could be considered the probation period. You were not let go during that period and therefore are able to avail of the full range of employment law subsequently. That does not describe probation to me.

That being said, you are subject to the terms you agreed when signing.

I realise that these do not provide the answer you wish to hear, but you can't argue the situation simply because you don't like it. You are not the first person to find that employment legislation sometimes sucks a big one, but in general the rules do protect workers. The needs of the many etc, etc.

sangie595

And, to be fair, as I have pointed out on many occasions, if the situation were reversed you can be very sure no employee is going to let their employer off with less notice!

getmore4less

If you are being required to take the holiday the you won't work those days and get paid for them

The probationary deduction should not apply.

Pendrix

bingo_bango wrote: »

No matter whether anything was mutually discussed or agreed, any reasonable observer would admit that you are not any longer on probation (if indeed there ever was a probationary period).

But that's the point. I was never on probation at previous employment, nor this one, therefore that paragraph in the contract about notice to quit/probationary period shouldn't apply to me, right?

Are you saying that probation periods are automatic in employment? Not as far as I know.