A week in hand query

2 weeks ago i left a job midweek too take up my 1st ever class 1 opportunity , the firm i worke for since october never even once looked like giving me a contract , i was driving their vehicle embedded in a freigh forwarder on dayhire ,on more than one occasion they pulled the truck too give it too another driver on something else leaving me with nothing . i called last monday for my p45 and was told it would be sorted ,i was usually paid on a wednesday but nothing has been paid intoo my account ,AM I ENTITLED too my week in hand that i worked LEGALLY :question:

you are legally entitled to be paid for any work that you did

did you give them notice, or did you just quit?
if you gave them one weeks notice, then you get your money. if you just quit, then you are not entitled to a penny.

limeyphil:
did you give them notice, or did you just quit?
if you gave them one weeks notice, then you get your money. if you just quit, then you are not entitled to a penny.

They MUST pay for the hours worked, even if you just walk off the job - but they can take their time about it.

yes i just quit limeyphil but as stated i never was offered any contract with any terms or conditions

Santa:

limeyphil:
did you give them notice, or did you just quit?
if you gave them one weeks notice, then you get your money. if you just quit, then you are not entitled to a penny.

They MUST pay for the hours worked, even if you just walk off the job - but they can take their time about it.

I agree, you must be paid for the time you’ve worked and as far as I’m aware they should also pay any outstanding holiday pay unless there’s a clause in your contract or an agreement written or verbal stating otherwise.

You should of course bear in mind that you left a job without giving notice so they could be a bit difficult and delay payment.

topmixer11:
yes i just quit limeyphil but as stated i never was offered any contract with any terms or conditions

you should have been given a contract of employment after 28 days. (it could be less now, it’s been a while).
but a standard employment contract will set out the usuall 1 weeks notice, which goes both ways. if they didn’t give you notice, then they would have to pay you a weeks pay. you didn’t give them any notice, so they don’t have to give you a penny. it’s kind of like you compensating him for landing him in it.
you would have been better off taking 2 weeks holiday, paid or unpaid. then if your new job dosn’t work out, you can fall back on the old one.

topmixer11:
yes i just quit limeyphil but as stated i never was offered any contract with any terms or conditions

In that case what your normal work entailed is regarded as your contract, terms and conditions.

but I NEVER signed any contract or was ever given one so surely they owe me money regardless of my timings etc i worked the 1st week and did not get paid thefore they owe me nothing too say i would give a weeks notice was signed or agreed they used me i used them

topmixer11:
but I NEVER signed any contract or was ever given one so surely they owe me money regardless of my timings etc i worked the 1st week and did not get paid thefore they owe me nothing too say i would give a weeks notice was signed or agreed they used me i used them

i can see what you mean, but the law would use the rules of a standard employment contract. the content as it says is standard for all employees in any employment. so the law would assume that you should know the content of a standard employment contract.
the only way this wouldn’t carry any weight, is if they held back more than 1 weeks pay. that way they would be opperating outside of a standard employment contract.

however, the chances are, they will [zb] you about for a bit, then pay you out. after all, you did just quit and probably annoy your employer.

At the taxi co, when drivers quit without notice they would withold their final pay for up to a month, giving the excuse that all their accounts had to be checked and settled before they could be paid their leaving pay. One bloke asked how long it would take and was told about three hours, but I’m very busy so it might take a couple of weeks to get around to it. When he kicked off he was told “that’s why you give notice”. I’ve just quit and walked out of jobs before and never been paid the week in hand, so looks like you’re out of pocket fella.

ROG:
you are legally entitled to be paid for any work that you did

Correct :wink:

What they can & can’t withold is set out in the contract of employment… mine states that they may withold all or part of any holiday pay owing if I fail to observe the correct notice period.

As he didn’t have a contract it’s obviously a different situation but it’s very rare for an employer to be able to legally withold “wages” for any reason, including lack of notice!

A trip to the CAB is in order.

Melchett:

ROG:
you are legally entitled to be paid for any work that you did

Correct :wink:

What they can & can’t withold is set out in the contract of employment… mine states that they may withold all or part of any holiday pay owing if I fail to observe the correct notice period.

As he didn’t have a contract it’s obviously a different situation but it’s very rare for an employer to be able to legally withold “wages” for any reason, including lack of notice!

A trip to the CAB is in order.

hi mate i think you fined that you holiday pay as to be paid to you even if you leave

adviceguide.org.uk/index/you … ay_pay.htm

this is from the above link

If your employer refuses to pay you for untaken holiday

Your employer may refuse to pay you for untaken holiday if you are leaving or have left your job. If you are in this situation you can enforce your right to pay for untaken holiday at an employment tribunal. If you are in this situation you may have to raise a written grievance with your employer first.

For more information about grievances, in England, Wales and Scotland, see Resolving disputes at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work.

If you are in this situation, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. You should contact a CAB as soon as possible, as there is a time limit for making claims to employment tribunals. To search for details of your nearest CAB, including those that can give advice by email, click on (New window) nearest CAB.

delboytwo:

Melchett:

ROG:
you are legally entitled to be paid for any work that you did

Correct :wink:

What they can & can’t withold is set out in the contract of employment… mine states that they may withold all or part of any holiday pay owing if I fail to observe the correct notice period.

As he didn’t have a contract it’s obviously a different situation but it’s very rare for an employer to be able to legally withold “wages” for any reason, including lack of notice!

A trip to the CAB is in order.

hi mate i think you fined that you holiday pay as to be paid to you even if you leave

The company can legally refuse to pay holiday pay if it’s written into the contract and agreed and signed by the employee.

I wouldn’t be asking them for a reference anytime soon,long term, your impulsive actions may have cost you more than a weeks wages.

I wouldn’t be asking them for a reference anytime soon,long term, your impulsive actions may have cost you more than a weeks wages.

Melchett:

ROG:
you are legally entitled to be paid for any work that you did

Correct :wink:

What they can & can’t withold is set out in the contract of employment… mine states that they may withold all or part of any holiday pay owing if I fail to observe the correct notice period.

As he didn’t have a contract it’s obviously a different situation but it’s very rare for an employer to be able to legally withold “wages” for any reason, including lack of notice!

A trip to the CAB is in order.

Completely wrong. They can put whatever they like in the contract but EMPLOYMENT LAW states that they cannot withhold wages. Also EMPLOYMENT LAW states that they must also be paid outstanding holiday. THEY CANNOT WITHHOLD ANY PAY OWED IF YOU FAIL TO OBSERVE THE NOTICE PERIOD - HOWEVER THEY ARE ENTITLED TO CLAIM COSTS FOR YOU LEAVING **BUT THEY CANNOT WITHHOLD ANY PAY AND HOLIDAY PAY OWED.**EMPLOYMENT LAW also states that they must be given a contract of employment. If he wasn’t given a contract, they have broken the law and if he took them to tribuneral, he would automatically be awarded £1500 for not receiving a contract.

Until I read Conor’s psot I had always understood that a Contract of Employment could be written, verbal or implied, so I had a look a the government website:

All employees have an employment contract with their employer, although it might not be in writing. If you don’t have a written employment contract, your contract would have automatically been created when you started to work for your employer.
What is an employment contract?
An employment contract, or ‘contract of employment’, is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the ‘terms’ of the contract.

Your employment contract doesn’t have to be in writing. However, you are entitled to a written statement of your main employment terms within two months of starting work.

So I’m reading that as the contract could take any format, but your MAIN emplyment terms should have been given to you in some sort of written format. However, bottom line is that you have done work so you are owed money. Ring them and annoy them constantly so they just want to see the end of it!

The first thing that the CAB will tell you is to write,recorded delivery,and request payment within 14 days.Keep copies of all correspondence.