Verbal notice of termination of employment

Dodgysailor

Dear all,

I just left my job recently and my boss has undercut my final wages without any explanation. I am thinking in suing him.
But he is a bit of a devious man and I have the feeling that he may have a trick on his sleeve. 
The thing is that my contract stipulates that I should give a month notice in written. I gave him my month notice verbally, however I wrote him several emails the following day discussing the amount of holidays left before the date I was suppose to leave. I think it is pretty clear by these emails that I was leaving.
Is there any chance he can blackmail me with this?
Thanks!

General_Grant

Dodgysailor said:

Dear all,

I just left my job recently and my boss has undercut my final wages without any explanation. I am thinking in suing him.
But he is a bit of a devious man and I have the feeling that he may have a trick on his sleeve. 
The thing is that my contract stipulates that I should give a month notice in written. I gave him my month notice verbally, however I wrote him several emails the following day discussing the amount of holidays left before the date I was suppose to leave. I think it is pretty clear by these emails that I was leaving.
Is there any chance he can blackmail me with this?
Thanks!

Blackmail?  What, threaten to tell people that you didn't give actual formal written notice unless you pay him?

Dodgysailor

No, threaten me with suing me if i sue him...

El_Torro

You should really have given written notice. What’s done is done though.

Probably the first thing you should do is ask for an explanation of why your wages weren’t paid in full. 

Are we talking about a big company here? Or does your boss basically run the show? If the company has an adequate HR and payroll department then your ex boss being devious shouldn’t factor in to it too much.

74jax

What would he sure you with?

Did he know you were leaving or was he never accepting of this, did he think you were staying? 

Dodgysailor

I told him verbally and the next day I wrote him an email in the way: "How many days holidays I am entitled once I leave on the 20th of August...."

Jillanddy

Dodgysailor said:

I told him verbally and the next day I wrote him an email in the way: "How many days holidays I am entitled once I leave on the 20th of August...."

That isn't what you said in your first post. You originally said that your asked how many holidays remained before the day you leave,  not "once you leave". .. Those are two very different things. 

And have you asked him why he had paid you less than you expected.  Because the law expects you to do that and try to resolve the issue before you think about suing people.

TELLIT01

Dodgysailor said:

No, threaten me with suing me if i sue him...

That isn't blackmail, it is simply stating his possible action for breach of contract by you.  Do you have access to all the e-mails about leaving?

MalMonroe

When you give notice you should write a proper letter advising your employer that you are giving four weeks' notice and stating the day you intend to leave. Within that letter you can also state what holiday you are entitled to but haven't taken. He should pay you what you are entitled to for your employment - plus or minus holiday pay.

You can contact Acas, free, if you have any employment related queries - link - https://www.acas.org.uk/contact

And if you want to sue your employer after you have spoken to someone at Acas, they will help you to do so, if they think you have a case. They are good at what they do.

But it sounds as if you and your boss are as bad as each other - you just giving verbal notice and then following up with a series of emails and him deciding not to pay you everything you are entitled to. He should at least write to you saying why he has paid you what he has. And maybe also saying 'goodbye and good luck'? Doesn't sound like you have had much communication with each other at all, though. 

And aren't you now wanting to start up your own business - with your query in another thread? (Do it legally, I've advised!)

Jillanddy

And if you want to sue your employer after you have spoken to someone at Acas, they will help you to do so, if they think you have a case. They are good at what they do.

That is not a commonly held opinion. In fact I know few people who rate ACAS phone lines at all. And they certainly will not help anyone sue their employer. ACAS provide independent and impartial advice - regardless of whether you think it is good advice or not - they do not provide legal advice and they do not provide legal support. In fact, they specifically tell you that both on their website and on the terms of use for their advice lines. They do not guarantee the accuracy or completeness of any advice they give and they take on no liability for any loss you may suffer as a result of their advice. They also will not (or should not) tell you whether you have a case or not - if anyone at ACAS is telling you that you definitely have a case, run a mile, because they are in breach of their employers practice and policies, and if they can't get that right, then I wouldn't lay bets on their advice either.

ACAS phone lines are a call centre, and a million miles away from their professional arbiters. 

Anyone who wants legal advice should - as ACAS tell you - consult a solicitor. 

As for the OP. they haven't given sufficient information to determine whether they are owed anything or not. There are many perfectly legal reasons why the employer may have paid them less than they expected. There are also many illegal ones too. And based on "I submitted a verbal resignation, I sent some emails the next day asking about holidays, and I don't think I've been paid right but I don't know why" nobody could possibly offer any reasonable advice other than "Ask the employer, in writing, for an explanation". If that doesn't elicit a response then you at least have a basis for sending a letter before action.

Dodgysailor

Hi all thanks for all the responses.
This is what i wrote and I do have access to the emails:

It think it may useful to clarify how many days holidays I will have left by the 20th August when I will be leaving.

My calculations are as follows:

And then we had a discussion about them.

I have sent him three emails, he only responded to one asking me what was wrong with the amount. The other two emails have not be not answered