Is he entitled to this?

chipmunk

I was talking to a friend of mine briefly today and he asked me my opinion on a situation he has at work. I don't know too much detail yet as it was only a quick conversation but in short, he runs a business which consists of him and one employee. They recently had a major fall-out over something (don't really know what but this employee is a very volotile person and a bit of a drama queen. Anyhoo, this person walked out of the job but is now saying that he is owed holiday pay, notice in lieu etc. Does anyone know where my friend stands with regard to this. Is this person entitled to what he claims he is or not, taking into account the way he left and leaving my friend in the lurch?

glossgal

Notice in lieu is just compensation for not giving the employee enough notice. Employee would have to have some nerve to ask for this! Your friend will owe this person any holiday pay they've accrued but not taken and any outstanding wages. Technically, the employee has probably breached the contract by leaving suddenly but in reality there's not much he can do apart from take legal action. He could withold some money owed as informal compensation but it's not legal even though 'fair'!

Conor_3

OK...
If this person walked out on the spot, they can kiss their entitlement to pay in lieu of notice goodbye. They are still entitled to holiday pay however. "Pay in lieu of notice" would have applied had your friend sacked him on the spot and told him to leave immediately instead of giving him the staturory one weeks minimum notice.

HOWEVER because this guy walked off the job without notice, your friend is actually entitled to claim any losses and expenses arising from that such as the costs of agency staff for the notice period and any losses in profits - he may want to point this out to this drama queen. As glossgal has said though, this would have to be done via legal action and not by witholding pay.

Sounds like he's better off being shut of him.