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Ex Boss Refusing To Pay My Final Wage

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Hi there,

Basically I started a job before christmas. Lasted only 2 weeks because the manager was just horrible to me. Tried to sort things by talking to her but ended up making things worse so I said I was leaving.

Didn't do my notice. Doesn't say on contract that if I don't do my notice, my pay will be compromised. However, she is saying she can refuse to pay me as I walked out in the middle of a shift. She only owes me about 3 days.

I just wanted to know if this is right? May be it is. I just wanted to check.

Many thanks in advance guys. Any advice would be much appreciated.

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I don't know for sure but i don't think she can withold money for work done. In my work contracts, they've been able to withold unused holiday pay if i left without notice, but not pay.

    Tell her you'll sue for constructive dismissal :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hey thanks for your help. Ended up getting through to citizen advice bureau. They said she is breaking the employment law by refusing to pay me the hours I have done. So going to contact her again to let her know. Fingers crossed.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Good luck and stick to your guns. It may well only be three days of work, but you did the work so she owes you the money.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Cuddilicious

    Any news? Have you got your pay?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hey thanks for your help. Ended up getting through to citizen advice bureau. They said she is breaking the employment law by refusing to pay me the hours I have done. So going to contact her again to let her know. Fingers crossed.

    Hope you get it sorted :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Finally got a letter back, saying that cause I did not do my notice, she had to pay for a substitute nursery assistant to come in, as I left her short staffed, which cost her x amount of money - which means, cause I cost her more money, she is entitled to refuse to pay me my 3 day wage.

    Does anyone know if this is right?

    I mean, I'd like to think she has got it right but just want to be sure so I know to just drop it then.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    It's not true. That's a cost of her business and you aren't responsible for that.

    As you'd only worked there for 2 weeks then legally notice doesn't apply - either party can terminate agreement with no notice. Having said that you might want to check with Citizen's Advice Bureau. Although this might help...
  • Olly_BOlly_B Mod-u-like Posts: 222 Settling in
    Hi Cuddilicious,

    Legally, she is in the wrong.

    As MoK says, as you were there less than a month there is no notice period. But even if there was, you are still entitled to your wage; any costs that she incurred because you left before your notice period were up (a breach of contract) would have to be reclaimed via the courts (or more likely, agreed with you before it went to court).

    This article explains it all:-
    http://www.thesite.org/workandstudy/working/leaving/givingnotice

    Best wishes,


    Olly
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Unbelievable! Can't believe I was nearly going to drop it to, thinking she may be right. Tried to phone the Citizens Advice Bureau but not avail so sent an email and my number to see what they say about it as well.

    I'll keep yas updated.

    Thank you so much for helping me out.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Unbelievable! Can't believe I was nearly going to drop it to, thinking she may be right. Tried to phone the Citizens Advice Bureau but not avail so sent an email and my number to see what they say about it as well.

    I'll keep yas updated.

    Thank you so much for helping me out.

    I have nothing much to add as what MoK and Olly said are right, she is in the wrong as you do not have to work notice that short into a job.

    Good luck and I wish you all the best.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    it may even be worth filing a claim via small claims court. You can do all the paperwork online in about 10 minutes and costs would be recovered from the ex-employer.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    it may even be worth filing a claim via small claims court. You can do all the paperwork online in about 10 minutes and costs would be recovered from the ex-employer.

    Yeah, it may come down to that. So far Citizens Advice Bureau said she still can't refuse me my pay.

    However, I've still to find out from them, if she can claim those costs of me. Would rather know that first before I take it any further. Fingers crossed she can't so I can go ahead.

    I'll keep yas posted :) xo
  • Olly_BOlly_B Mod-u-like Posts: 222 Settling in
    However, I've still to find out from them, if she can claim those costs of me. Would rather know that first before I take it any further. Fingers crossed she can't so I can go ahead.

    You'd need to get legal advice on this point. The specifics of your case could determine whether you'd be liable for any costs. For example, if you walked out mid-shift or simply didn't show up, or whether you informed your manager that you wouldn't be returning the following day.

    ACAS are very useful for answering questions like this. Call them on 08457 47 47 47.

    Olly
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Olly_B wrote: »
    You'd need to get legal advice on this point. The specifics of your case could determine whether you'd be liable for any costs. For example, if you walked out mid-shift or simply didn't show up, or whether you informed your manager that you wouldn't be returning the following day.

    ACAS are very useful for answering questions like this. Call them on 08457 47 47 47.

    Olly

    My boyfriends mum, has forward my case to her friend who basically works for her, as he knows employment law inside out.

    So fingers crossed I might still be entitled to my pay.

    I did walk out. But it was after speaking to her, trying to clear the air which didn't work so I told her, I couldn't continue to work there any more.

    Starting to think it's not looking good again. But would rather know for definite what is right as I didn't taken her word for it again.

    Fingers crossed :)
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