unpaid wages & holidays

[skagav]

Hi there
I have left my job and did not give a months notice as my contract stated. the company gave me time off without pay to go to my interview as they knew I wanted to leave. the job offer was quick, interview Tuesday, job is yours if you can start on Monday. told my boss I was leaving asap as I was offer the job. long story short I didn't work my months notice as stated in my contract.

I received my final payslip with my p45 and found not to have been paid in full what I believe I was owed. I have worked out that they have paid me a weeks wage short, no holiday pay which I am owed 6 days and also outstanding monies owed from overtime which they kept getting wrong when I worked there.

question is has the company got the right to stop a weeks wage, 6 days holiday pay & the overtime I am owed because I did not give my months notice which is stated in my contract?

any help would be gratefully appreciated, thanks Darren.

[des8]

Re: unpaid wages & holidays

Generally speaking employers are not entitled to with hold monies due unless it is so stated in your contract.

I would write to your ex employer explaining what money is owed, and why it is owing and the period for which it is owed. This letter will count as a written grievance, if you need to take the matter further. Send the letter "signed for" and keep a copy.

[skagav]

Re: unpaid wages & holidays

Generally speaking employers are not entitled to with hold monies due unless it is so stated in your contract.

I would write to your ex employer explaining what money is owed, and why it is owing and the period for which it is owed. This letter will count as a written grievance, if you need to take the matter further. Send the letter "signed for" and keep a copy.

is this not a breach of contract though?

[wales01man]

Re: unpaid wages & holidays

Send the letter and go from there getting into legal talk is not needed at the moment.

[des8]

Re: unpaid wages & holidays

It may or may not be a breach.
If it is a breach it does not permit the employer to with hold monies due.
Their remedy lies elsewhere, and they are only entitled to reclaim what they have lost by your breach. As you weren't paid for your period of notice they have no claim there. From your other posts I believe you are a delivery driver, so it is unlikely
IMO that they have lost there either.

[charitynjw]

Re: unpaid wages & holidays

If you can positively prove that your ex-employer has withheld monies owed to you, they have breached your statutory rights.

Whether or not you have breached a contractual term, as des8 has implied above, could be arguable.