after a few months out of work I started a new job last Wednesday 26th feb, but as with jobs and buses nothing comes for ages and then lots at once so on Tuesday 4th march I get a call offering me another job that pays £15,000 p/a more than the job ive just started but I must start on mon 10th of march ! well to be fair to the company im working for now I phoned them straight away ( Tuesday 4th ) and told them I would be leaving on fri 7th march , they have now turned round to me and told me if I don’t work my full weeks notice they will not pay me any money that I am owed ? so to get paid from these I must work until next Tuesday 11th march which I cant do because I have to start the new job on mon 6th march or lose it , I told the company im working for now that if they are not going to pay me for the last 6 days then im not going to do 2 more days for free and took the truck back to their yard and on arrival I was met with threats of court action for wasted diesel and time because I brought the truck back ( I think I was been quite decent to them I could have left it where it was after been told there not paying me ) , now what I need to now is do I have any legal rights even though I didn’t work my full notice or do I put it down to experience and move on…cheers in advance for any help.
Ya don’t have to put a notice in for the first 4 weeks are far as I’m aware
Young_AL:
Ya don’t have to put a notice in for the first 4 weeks are far as I’m aware
that’s what it said on a site I looked on but the employer told me because I was weekly paid it was different ! and to be honest I was surrounded by a couple of big blokes intimidating me in the company yard and just wanted to get out of there .
Weekly monthly same rules apply
Small claims court they can’t just refuse to pay you!
I’d also name and shame to let other drivers know to be aware.
4aaaa4dd:
after a few months out of work I started a new job last Wednesday 26th feb, but as with jobs and buses nothing comes for ages and then lots at once so on Tuesday 4th march I get a call offering me another job that pays £15,000 p/a more than the job ive just started but I must start on mon 10th of march ! well to be fair to the company im working for now I phoned them straight away ( Tuesday 4th ) and told them I would be leaving on fri 7th march , they have now turned round to me and told me if I don’t work my full weeks notice they will not pay me any money that I am owed ? so to get paid from these I must work until next Tuesday 11th march which I cant do because I have to start the new job on mon 6th march or lose it , I told the company im working for now that if they are not going to pay me for the last 6 days then im not going to do 2 more days for free and took the truck back to their yard and on arrival I was met with threats of court action for wasted diesel and time because I brought the truck back ( I think I was been quite decent to them I could have left it where it was after been told there not paying me ) , now what I need to now is do I have any legal rights even though I didn’t work my full notice or do I put it down to experience and move on…cheers in advance for any help.
GO HERE
it’s an illegal deduction of wages if they refuse to pay you. A 100% deduction.
Seems like you’re much better off out of that place anyway. Small claims court would be the noises I’d be making to them. If they’re so ■■■■ sure of their ‘rights’ they’d be more than happy to challenge it in court and get you to pay for their costs if they think they’ll win. Call their bluff I say.
If you’re on £15k more at the new place you’ll make back what they owe you in under 2 weeks. Walk away and get your money back off them slow time.
small claims will be your only option , how much will they owe you?
OllieNotts:
Small claims court they can’t just refuse to pay you!
I’d also name and shame to let other drivers know to be aware.
cheers ollienotts the company is BRITANNIA SUPER FINE based in polegate just outside Eastbourne they make chocolate and other confectionary they have ten trucks but only deliver their own products around uk and Europe .
Derf:
it’s an illegal deduction of wages if they refuse to pay you. A 100% deduction.Seems like you’re much better off out of that place anyway. Small claims court would be the noises I’d be making to them. If they’re so ■■■■ sure of their ‘rights’ they’d be more than happy to challenge it in court and get you to pay for their costs if they think they’ll win. Call their bluff I say.
If you’re on £15k more at the new place you’ll make back what they owe you in under 2 weeks. Walk away and get your money back off them slow time.
I said about small claims to them and they just said go ahead we have better people than you and said they would be taking me to claim back diesel I used when I took their truck back ? but what do I do work two more days and nights out for nothing ? if they had any sense they would of waited till Friday before they told me I wasn’t getting paid if I didn’t work my full notice …
corij:
small claims will be your only option , how much will they owe you?
its not a great deal of money corij they only paid £86 per day x 6days and two nights out at £15 a night I know its grap money but when you haven’t worked for 3 months its a wage …or should I say not a wage .
I’m sure the you don’t have to give any notice for the first year, after that it’s a week, your employer however has to give you a week for every year upto 13 weeks.
4aaaa4dd:
Derf:
it’s an illegal deduction of wages if they refuse to pay you. A 100% deduction.Seems like you’re much better off out of that place anyway. Small claims court would be the noises I’d be making to them. If they’re so ■■■■ sure of their ‘rights’ they’d be more than happy to challenge it in court and get you to pay for their costs if they think they’ll win. Call their bluff I say.
If you’re on £15k more at the new place you’ll make back what they owe you in under 2 weeks. Walk away and get your money back off them slow time.
I said about small claims to them and they just said go ahead we have better people than you and said they would be taking me to claim back diesel I used when I took their truck back ? but what do I do work two more days and nights out for nothing ? if they had any sense they would of waited till Friday before they told me I wasn’t getting paid if I didn’t work my full notice …
Don’t work another minute for them mate, they’ll knock you for the other 2 days as well I reckon, enjoy the few days off I between jobs and in the meantime call their bluff and try and get a small claim court case up and running, ■■■■ firms like that need putting out of business…and pimpdaddy calls Tesco a ■■■■ employer 
Good luck with it mate and hope you get your money
My advice is just go they won’t bother claiming against you and if the other job pays £15000 a year more can you afford the risk of losing it?
They sound like a bunch of bully’s to me.
As others have said, small claims court. Have you done printouts of your tacho? If not, find a truck and do some printouts, they’re your proof that you worked for this firm (registration, hours, dates etc)
You can start proceedings online, it is a bit of a slow process, and you will need to attend the court on the day - it says court, but it’s just a room in a court with a bloke and free coffee.
I’ve done this to previous employers and never lost, had a firm that tried to refuse to pay me my final wage and my holiday pay because I threatened to lamp the boss - he was an arrogant sod who thought he was tough and treated you like you were a piece of crap and had deducted my wage the week before for something - and I got it all back plus expenses and loss of earnings for the day of the court case.
You will 100% win it, and 6x£86 + 2x£15 = £546. PLUS the days wages at your current firms rate, PLUS the cost of the proceedings, PLUS any expenses (fuel and parking).
Not a bad days earnings and teaches the firm a lesson too.
How can they claim for ‘wasted diesel’, you wanted to hand in notice of leaving and they told you they wouldn’t pay you for any work you have or will do, who in their right mind would continue to work? I think taking the truck back was decent of you in those circumstances.
Don’t just send a county court claim, you need to send a letter before action and give them time to respond first, or the court WILL throw it out at your expense.
I think the search term the OP needs is “Pre-action Protocol”
I take it that taking a week’s holiday that week is out of the question, even if you have the spare days in hand (because they don’t give you holiday bookings at short notice) and going sick doesn’t work either, because they’ll just sack you, because you oddly don’t have any rights, despite supposedly having them enshrined in law as a full timer?
Why firms choose to bully malcontents let alone previously loyal staff who’ve finally decided to move on to better things - I don’t know. 
The worst part of all this is being forced to “burn the bridge”, rather than just turn up on that first day, establish if or not it’s a load of bull, and go back to the previous job after taking that “week off”, with no reprisals by the current employer. Full time staff are not supposed to be escaped maroons after all.
Acas will see you right. They will tell you exactly what to do, and what the company can and can’t do. If you’ve done the work they must pay you.
I’m sure you’ll get your money owed.
Good days work getting out from that hell hole, sound like a right bunch of wide boys, black shirts white ties and spats?
Thick as crap too, lots of blokes would have dumped the lorry where it was and buggered off home on the bus/train, after slinging the keys.
Best of luck with the new job.
NewLad:
I’m sure the you don’t have to give any notice for the first year, after that it’s a week, your employer however has to give you a week for every year upto 13 weeks.
You’re wrong. In the first few weeks you don’t have to give notice but after that the statutory minimum notice of one week applies unless your contract states a longer period.