Left Job, Employer Holding Back Wage

finkyfoo

Hello all, I was wondering if anyone could help me with some advice. I handed my month notice in before Christmas, but when I went back after new year the work environment was awful. No heating, no covid policies and raised voices and shoving between the other colleagues. I worked the full day Tuesday, but on the Wednesday after seeing another shouting match and someone pick up a hammer, and being so cold, I wrote an email to the employer explaining why I was leaving, sent to him and his PA and left the keys on the desk. I had 6 days left to work and the employer had not brought in anyone to take over my job or for me to train. Yesterday I got my pay slip with a tax rebate but no pay for the day I worked ( I was not expecting pay for the day I walked out). I emailed him and he came back with a long winded email saying I had no respect for my colleagues, the reasons I walked out where unacceptable, and I was not entitled to the day pay. So I was just wondering legally if I am entitled or not to that day? 

penners324

Yes he should pay you fir the day you worked plus any unused holiday.

Undervalued

finkyfoo said:

Hello all, I was wondering if anyone could help me with some advice. I handed my month notice in before Christmas, but when I went back after new year the work environment was awful. No heating, no covid policies and raised voices and shoving between the other colleagues. I worked the full day Tuesday, but on the Wednesday after seeing another shouting match and someone pick up a hammer, and being so cold, I wrote an email to the employer explaining why I was leaving, sent to him and his PA and left the keys on the desk. I had 6 days left to work and the employer had not brought in anyone to take over my job or for me to train. Yesterday I got my pay slip with a tax rebate but no pay for the day I worked ( I was not expecting pay for the day I walked out). I emailed him and he came back with a long winded email saying I had no respect for my colleagues, the reasons I walked out where unacceptable, and I was not entitled to the day pay. So I was just wondering legally if I am entitled or not to that day? 

You are (theoretically) entitled to be paid for whatever proportion of the day you actually worked. You are also entitled to be paid for any accrued but untaken holiday. If you have taken more holiday than you had accrued then the employer is entitled to reclaim any excess holiday pay.

However, if you leave without working your notice you are (in all but the most exceptional circumstances) in breach of contract. If the employer suffers any loss as a result (eg lost business or extra cost in hiring temporary staff) then they can, in theory, sue you to reclaim the cost. It doesn't happen often but more common is for the situation to degenerate to "you sue us and we will sue you). Is it worth it for part of a day's pay? 

finkyfoo

@penners324 thank you, that's given me confidence to pursue this further, the way I was treated the few months before I left was wrong, felt I was being pushed out anyway, it's just a days wage but its the principle of the thing now. 

finkyfoo

@Undervalued thank you for the information, I agree that it's maybe not the wisest choice to pursue if it means they can possibly sue me, I do feel if this employer has this on his side he will use it out of spite

DingDongitsKingKong

finkyfoo said:

 but on the Wednesday after seeing another shouting match and someone pick up a hammer,

That is without doubt one of the most alarming things I have read on here. I'd want the hell out too!