Gave notice not allowed to work notice period

Dakta

Depends how much you value your own time and the money I guess. But I'd always fight for what i've earned, a few days work is quite a lot of time. The notice before action might sharpen minds and won't cost a lot at all.

lisyloo

Personally in these situations I would work out how much it is, then make a decision.
legal cover on home insurance might help offer advice.

Marcon

Dakta said:

Depends how much you value your own time and the money I guess. But I'd always fight for what i've earned, a few days work is quite a lot of time. The notice before action might sharpen minds and won't cost a lot at all.

Sometimes in life other things are more important - and looking at OP's post, they are clearly willing to move on without getting into a scrap for the sake of a few days' earnings. Others may feel differently; that's their prerogative.

General_Grant

Marcon said:

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.

Without knowing how the OP is paid, we do not know how much of May will have been paid.  (And I did notice the "if" at the beginning of Marcon's post.)  

Depending on when on 4 June notice was given, there were probably at least 3 working days actually worked in June and there could well be a payment for holidays accrued up to the end of the notice period but not taken.

Whether or not a week's notice pay and more than half a week's pay may not be worth haggling over for you, many people would miss that and consider it worth pursuing.

TBagpuss

OP, as others hav said, assuming that you were an employee, your employer has a legal duty to:

- Pay you for any time you worked
- Pay you for your notice period 
- Pay you for any holiday you had accrued but had not taken.

They are entitled to deduct from the final payment any holiday you had taken in excess of your entitlement .
If they allege that you have taken client details tat might be a reason why they could have sacked you, but they would have needed to show they went through a fair process before doing so, 

Did you have a written contract? If so, what does it say about notice periods? 
If not, then the statutory notice period where you resign is a week, so your employer should pay you for a week.

If you do want to claim, then start with a letter setting out what you believe you are owed and how you have calculated it 

(e.g. Statutory notice for 1 week @ £xxx, + holidays pay for x days accrued but not take @ £xxx)
Also request your P45 and final wage slip if she hasn't provided those.

Bear in mind you normally only have 3 months to make an employment tribunal claim so don't waste time if you do want to make a claim. 

There's nothing in what you have described which would involve the police (unless you report her for harassment) .

IF you took client details that might be a breach of contract (this would depend on what your contract says) they in theory she could sue you for breach of contract but that would be separate from your claim for notice pay and she would have to show that you were in breach, which I assume she can't as you didn't do as she claims, and to quantify what she claims her losses are as a result. 

She sounds like a real bully. 

Dakta

"Sometimes in life other things are more important - and looking at OP's post, they are clearly willing to move on without getting into a scrap for the sake of a few days' earnings. Others may feel differently; that's their prerogative."

I can see the bit where the user seems happy to move on in a 'I'm leaving to get a new job sense' but I don't see the bit where they seem happy to move on in a 'I'm not bothered being paid for work I've already done' sense. In fact, the only bit I can see there is that the user was bothered enough to contact the manager once it became clear pay wasn't coming.

The post written in a way that presents this as an issue as part of a wider bullying campaign now that the manager is aware that they are leaving.

But it is a users prerogative. I definitely wouldn't be advising a 'ah if its just a few days work forget it' stance without knowing a bit more about how much this is worth to them. If they want it, and are due it, then they can take steps to get it.