Gave notice not allowed to work notice period

kirsteenkiki

Hi just looking for some advice.
i handed in my notice on the 4th of June after working for the same hairdressing company for 15 years! 

I handed over my letter of resignation offering to work my notice period and my boss became so aggressive and told me to leave right away and she was going to sue me! I started in my new job a week later as I knew my then boss has a history of not being any money to previous members of staff! 

Come pay day I did not receive a penny and then contacted her and she replied I was owed nothing! I then receive me a letter from her 2 days later saying that I have stolen customer details she has reported me to the police and I am owed nothing and I have breached contract with her. Her staff has been telling customers I have had a mental breakdown that is why I left the salon and gave up hairdressing! Staff have been driving by my new shop and I just wanted to know if anybody thought it is worth taking this further or just leave it be many thanks 

Catplan

Did you have a contract? Usually they need to pay your notice period even if not wanting you in, although I don’t know about your sector. Starting new job within notice period might also muddy the waters. I was willing to work my notice but was told not to come in but be available and that I couldn’t start new position until my notice was up, paid in full though.

General_Grant

kirsteenkiki said:

Hi just looking for some advice.
i handed in my notice on the 4th of June after working for the same hairdressing company for 15 years! 

I handed over my letter of resignation offering to work my notice period and my boss became so aggressive and told me to leave right away and she was going to sue me! I started in my new job a week later as I knew my then boss has a history of not being any money to previous members of staff! 

Come pay day I did not receive a penny and then contacted her and she replied I was owed nothing! I then receive me a letter from her 2 days later saying that I have stolen customer details she has reported me to the police and I am owed nothing and I have breached contract with her. Her staff has been telling customers I have had a mental breakdown that is why I left the salon and gave up hairdressing! Staff have been driving by my new shop and I just wanted to know if anybody thought it is worth taking this further or just leave it be many thanks 

So you were an employee rather than someone who hired a chair in the salon?  How much notice did your contract require you to give?  How much notice was the company required to give you?  Sometimes notice periods are equal from either side but not always.  Was their a witness to your boss's instruction to leave straight away?

What about holidays?  Had you taken any?

Had you been furloughed when hairdressers were not permitted to work?

Marcon

kirsteenkiki said:

Hi just looking for some advice.
i handed in my notice on the 4th of June after working for the same hairdressing company for 15 years! 

I handed over my letter of resignation offering to work my notice period and my boss became so aggressive and told me to leave right away and she was going to sue me! I started in my new job a week later as I knew my then boss has a history of not being any money to previous members of staff! 

Come pay day I did not receive a penny and then contacted her and she replied I was owed nothing! I then receive me a letter from her 2 days later saying that I have stolen customer details she has reported me to the police and I am owed nothing and I have breached contract with her. Her staff has been telling customers I have had a mental breakdown that is why I left the salon and gave up hairdressing! Staff have been driving by my new shop and I just wanted to know if anybody thought it is worth taking this further or just leave it be many thanks 

She's talking nonsense. The police aren't going to be remotely interested and any report is a figment of her imagination.

She is in breach of contract by not paying you at least the statutory notice pay for your period of notice - BUT you are under a duty to mitigate your losses and by starting a new job a week later, you have done so to such an extent that you would be unlikely to succeed in any claim, unless your new job is at a much lower rate of pay. Even then, it's not worth the hassle.

I'd simply move on with your new job and ignore the nonsense.

sammyjammy

Marcon said:

She is in breach of contract by not paying you at least the statutory notice pay for your period of notice - BUT you are under a duty to mitigate your losses and by starting a new job a week later, you have done so to such an extent that you would be unlikely to succeed in any claim, unless your new job is at a much lower rate of pay. Even then, it's not worth the hassle.

I'd simply move on with your new job and ignore the nonsense.

All well and good but it sounds as if OP is due payment for work actually done not just the notice and also outstanding holidays.

TELLIT01

Not wanting the OP to work is understandable to a degree as the employer may be concerned that they would inform all their clients they were leaving and take them to their new place of work.  Any sensible employee, suspecting the employer would react as they have, will already have compiled a list or given their clients a contact number.

robatwork

kirsteenkiki said: Her staff has been telling customers I have had a mental breakdown that is why I left the salon and gave up hairdressing! 

Can you prove this - it's a very serious allegation and certainly would be slander in my opinion and actionable. Can you get a statement from a customer (or member of staff)? 

lincroft1710

kirsteenkiki said:

 Staff have been driving by my new shop and I just wanted to know if anybody thought it is worth taking this further or just leave it be many thanks 

Providing their vehicles are taxed, insured and have a current MOT if needed and are not exceeding the speed limit and are not driving the wrong way down a one way street, there is very little you can do about this. If the staff have time to do this continuously then it appears they have very few clients

Marvel1

If you are owed money then yes take it further, why wouldn't you?

pinkshoes

kirsteenkiki said:

Hi just looking for some advice.
i handed in my notice on the 4th of June after working for the same hairdressing company for 15 years! 

I handed over my letter of resignation offering to work my notice period and my boss became so aggressive and told me to leave right away and she was going to sue me! I started in my new job a week later as I knew my then boss has a history of not being any money to previous members of staff! 

Come pay day I did not receive a penny and then contacted her and she replied I was owed nothing! I then receive me a letter from her 2 days later saying that I have stolen customer details she has reported me to the police and I am owed nothing and I have breached contract with her. Her staff has been telling customers I have had a mental breakdown that is why I left the salon and gave up hairdressing! Staff have been driving by my new shop and I just wanted to know if anybody thought it is worth taking this further or just leave it be many thanks 

These are just bullying tactics to get out of paying you.

Assuming you don't just rent a chair in the salon, and have a monthly paid contract, then just send her a letter before action giving her 14 days to pay all money owed (including any outstanding untaken holiday) including the notice period. Make it clear that failure to pay the full amount within 14 days will result in court action. 

Next steps:
1. Work out EXACTLY how much you are owed including any untaken holiday. If you started working in the new place a week later then perhaps only ask for the one week that she refused to let you work.

2. Write a letter before action and send it with proof of postage.

Make the letter to the point and do not waffle.

Dear <boss>

On the 4th June I handed my notice in to terminate my employment. You refused to let me work my notice period and were verbally abusive to me.

I commenced my new employment on <date>.

On <date> I should have received my salary of <£X>, and I am also owed one weeks pay for the notice period of <£Y>. In addition to this, I was also owed X days of holiday which I did not take, so you also need to pay £Z to cover these.

Please pay the outstanding amount owed of ££££ within the next 14 days. Failure to pay will result in immediate court action where you will then become liable for all costs associated with this.

Kind regards,

YOU

Marcon

sammyjammy said:

Marcon said:

She is in breach of contract by not paying you at least the statutory notice pay for your period of notice - BUT you are under a duty to mitigate your losses and by starting a new job a week later, you have done so to such an extent that you would be unlikely to succeed in any claim, unless your new job is at a much lower rate of pay. Even then, it's not worth the hassle.

I'd simply move on with your new job and ignore the nonsense.

All well and good but it sounds as if OP is due payment for work actually done not just the notice and also outstanding holidays.

If OP is paid monthly and resigned on 4 June (i.e. would already have been paid for May), not much work will have been done since the last pay packet, so not worth haggling over.