Legal Advise

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goldenjohn

Octane Boostaholics
I got a new job starting in march,

I gave 3 weeks notice to my current employer that i'm leaving,Now this man is a complete pri*k and thinks he is always right, but now he has threatened to withhold my pay , and not giving me reasons why, but i suspect he will use, that i am not fulfilling my contract,
I have never got or signed a contract and i am paid weekly, I was told i should only have given a weeks notice but out of respect to my manager (Not Boss), i gave 3 weeks to help train someone in.
He will owe me wages and holiday pay, totaling about 800 pound,
Anyone have any idea what i can do, I know its completely against the law, but he's like that and will push it as long as he can for me to just give up.
I need to pay rent in a few weeks and it could take a couple of months to get my money back,
A little screwed, New job paying monthly!!!
 
I guy I work has just been through exactly this..you can go through the tribunal service..go to ET1.pdf you can see if it applies to you. Your notice period is usually dictated by the period of pay, unless stated, so you only owe 1 weeks notice.

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017934

Dont even hesitate as soon as you submit the form the tribunal will get back to you straight away, if they accept you have a great chance...as soon as you threaten him he should come through. there is no charge to you if you lose
 
[quote author=Dagnut link=topic=33288.msg381458#msg381458 date=1329314980]
I guy I work has just been through exactly this..you can go through the tribunal service..go to ET1.pdf you can see if it applies to you. Your notice period is usually dictated by the period of pay, unless stated, so you only owe 1 weeks notice.

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017934

Dont even hesitate as soon as you submit the form the tribunal will get back to you straight away, if they accept you have a great chance...as soon as you threaten him he should come through. there is no charge to you if you lose
[/quote]

Thanks Dave


I hate fraudsters, just cause so much hassle for no reason!!
 
[quote author=goldenjohn link=topic=33288.msg381450#msg381450 date=1329313838]
I have never got or signed a contract
[/quote]

The way I see that is Both you AND him have no legal leg to stand on. His word against yours.
 
[quote author=AndyC link=topic=33288.msg381462#msg381462 date=1329319763]
[quote author=goldenjohn link=topic=33288.msg381450#msg381450 date=1329313838]
I have never got or signed a contract
[/quote]

The way I see that is Both you AND him have no legal leg to stand on. His word against yours.
[/quote]

Not true, the employee is protected by the basic labour laws. The law states you only need to give as much notice as your pay period, if the employer wants to tie you a longer notice period it's their responsibility.
 
[Not true, the employee is protected by the basic labour laws. The law states you only need to give as much notice as your pay period, if the employer wants to tie you a longer notice period it's their responsibility.
[/quote]

that is true but depending on how many years you have worked for them, in ireland anyway.

something like 6 years or more service you can be asked by your employer to work two weeks notice even if you are on weekly pay.
most employers won't push it though.
 
13 weeks - 2 years service - 1 week notice
2 years - 5 years service - 2 weeks notice
5 years - 10 years service - 4 weeks notice
10 years - 15 years service - 6 weeks notice
15 years and over service - 8 weeks notice

this is the law in Ireland :thumbsup:

if push came to shove!!!
 
UK

"How much notice is an employer entitled to
The notice you should give your employer before resigning should be in the contract. If your contract does not say how much notice you must give your employer then, if you have worked for one month or more, the minimum notice you should give is one week. If you have worked for less than one month, the notice period should be reasonable. See under heading 'Reasonable' notice.
If your contract says you must give your employer more notice than this, you must give the amount of notice in your contract. Your contract may set out how much you must give, whether it must be written, and/or when you should give it.
If an employer withholds money owed because you gave incorrect notice
If you leave your job without giving proper notice, your employer may try to withhold part or all of the money owed to you. In general, employers are not legally entitled to withhold money owed, unless your employment contract allows for it.
If this happens, you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
For more information in England, Wales and Scotland about your rights when your employer withholds money owed to you, see Employer withholds your pay in Employment fact sheets."
 
[quote author=AndyC link=topic=33288.msg381462#msg381462 date=1329319763]
[quote author=goldenjohn link=topic=33288.msg381450#msg381450 date=1329313838]
I have never got or signed a contract
[/quote]

The way I see that is Both you AND him have no legal leg to stand on. His word against yours.
[/quote]

You've been working for Michael O'Leary for too long Andy!!!!!!!
 
[quote author=nodge link=topic=33288.msg381542#msg381542 date=1329344040]
[quote author=AndyC link=topic=33288.msg381462#msg381462 date=1329319763]
[quote author=goldenjohn link=topic=33288.msg381450#msg381450 date=1329313838]
I have never got or signed a contract
[/quote]

The way I see that is Both you AND him have no legal leg to stand on. His word against yours.
[/quote]

You've been working for Michael O'Leary for too long Andy!!!!!!!
[/quote]

Not long enough , He would ask for compensation for comprehensive training , only half wear uniform, recruitment fees for replacement staff and so on
 
Thanks for all this lads, honest.

I only work in the place since janurary last year, But i am 100% legally owed the money,
But for me its a matter of Having the money paid into my account in time for me to pay my rent,
I know i'd win eventually but not quicker than 6 weeks. If he withholds my pay, i know he's thinking about it, and he has done it before, on many occasions,

I have every cent accounted for, so really need it, I've to buy a car too this weekend, need to get it for my new job in 2 weeks, so cant put off buying that,
All just bad timing!!
 
[quote author=goldenjohn link=topic=33288.msg381567#msg381567 date=1329381088]
Thanks for all this lads, honest.

I only work in the place since janurary last year, But i am 100% legally owed the money,
But for me its a matter of Having the money paid into my account in time for me to pay my rent,
I know i'd win eventually but not quicker than 6 weeks. If he withholds my pay, i know he's thinking about it, and he has done it before, on many occasions,

I have every cent accounted for, so really need it, I've to buy a car too this weekend, need to get it for my new job in 2 weeks, so cant put off buying that,
All just bad timing!!
[/quote]

I know you are desperate but don't let it show, go and print out all the links I sent you, the forms and confront him...be nice and clam and tell him if he loses he could be forced to pay you compensation for putting you in this position.
 
[quote author=nodge link=topic=33288.msg381542#msg381542 date=1329344040]

You've been working for Michael O'Leary for too long Andy!!!!!!!
[/quote]

:roll:
 
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