New employer wants me to start in 2 weeks, old employer wants 1 month notice.

[TheDurbinator]

Hey guys, first post. I'm 18 and have an apprenticeship for Boeing in which they would like me to start in 2 weeks, my current employer wants 1 months notice, however, he pays me cash in hand, I'm sure he has never paid any tax on my wages as I've never had any money deducted from my pay (I have given him 3 P46's). He has made me work illegal hours (I worked 12 days in a row the past 2 weeks and had to beg for yesterday off.) He said he will see me tomorrow along with a national insurance bill(?). My only concern is that I signed a contract last year whilst in college, it was a 0 hour contract (not worth the paper it is written on), and in it, it stated I needed to give a notice that ensures I work my contracted hours that add up to 1 months notice, so for example, if someone works 1 day per week they will need to give 28 weeks notice, or something like that. I am now 'Full time' as he likes to call it as I have left college, but I haven't been given a new contract of employment to sign or anything. I haven't taken any days of my holiday that is the LEGAL requirement to give me, or had a single sick day since working for him. Any advice would be amazing as I am stuck here.

Details;
I work in retail.
I am a 'sales assistant'
Plenty of my ex-colleagues have been dismissed without notice, as well as given a day's to a weeks notice
I am made to work (to my knowledge, without signing a waiver) illegal hours with the owners not giving a crap about anyone but themselves.

EDIT 1: I have also NEVER had a wage slip, he said he would provide me with them tomorrow, I will update you all.
EDIT 2: I am an idiot for not including this, for about 12 of the 20 months I have worked for them, they never let me have a lunch break, they would make me get another employee to get me lunch and then eat it in the shop. I had to do this as I NEEDED the job, due to having financial responsibilities.

[mystery1]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

The only problem you appear to me to have is if you need a reference. If not just leave. I don't think he'll sue given that he would want his bull$hit exposed and in all honesty it'd only be in highly skilled or executive levels that any company would usually consider suing for breach of contract.

M1

[TheDurbinator]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

The only problem you appear to me to have is if you need a reference. If not just leave. I don't think he'll sue given that he would want his bull$hit exposed and in all honesty it'd only be in highly skilled or executive levels that any company would usually consider suing for breach of contract.

M1

I also for got to include that they will owe me pay for the last 2 weeks (I get paid on the 15th of every month) and the next 2 weeks. It comes to about 550 for the past 14 days...

[mystery1]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

I'd leave when the outstanding pay is at the lowest it can be. You are legally owed, and should get your dues anyway, but it's best to make the issue as meaningless as possible. Having said that a position with Boeing is of a much greater value than a few hundred quid so if push comes to shove you'd really be daft to put principles ahead of opportunity no matter how much it stings.

M1

[TheDurbinator]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

So, tomorrow? (Technically today) my only worry is I have about 800 kept away, however I won't get paid by Boeing until the month after I start. But yes, I will sleep on it, If I still feel like this in the morning I will tell them to shove their job and leave there and then.

Edit: this is just down to them not budging at all on the months notice just to make my life harder. I also have a sneaky suspicion they will not pay me and refuse all allegations that I have ever worked for them. They are very sly like that.

[mystery1]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

Don't be hasty just be sure.

Zero hours contracts have zero contracted hours so if he wants notice you can actually give it and just not work. Got to laugh when employers use zero hours contracts and forget that when an employee doesn't want to come in that this fits in with a zero hour contract just nicely. Of course some would then penalise the employeeby having less work for them in a spiteful retaliation but that wouldn't really worry you.

M1

[Tools]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

Tell him 1 weeks notice is plenty and if he tries to mess you about with your wages etc then make sure he knows you will be "double checking" with the Health & Safety Executive, DWP, HMRC etc to make sure your employment and lack of breaks etc were lawful

[Johnboy007]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

Hi,
If you have never had a contract of employment, or a written agreement. The one weeks notice is sufficient.
By not giving you a contract or agreement, the employer has not acted lawfully.
By your description of the employer and the conditions on which you have to work, as M1 states, you will be much better off with an apprenticeship with a reputable company like Boeing.
Yes it will be tough for the first month, with no money coming in, but overall it will be well worth it.
If your employer holds back on any money that you are owed, you can make a complaint to an Employment Tribunal.
It is unlawful for an employer to deduct or hold on to any money that you have worked for.
When you start work, your employer should tell you how much you’ll be paid and how often. They should also tell you:

• the day or date you’ll be paid, eg each Friday or the last day of the month
• how you’ll be paid, eg cash, cheque or bank transfer

If you’re an employee (not a contractor or a freelance worker), you have the right to a payslip, which shows your wages and any deductions like tax or trade union subscriptions.

Your employer isn’t allowed to make deductions unless:

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
• you agree in writing
• your contract says they can
• there’s a statutory payment due to a public authority
• you haven’t worked due to taking part in a strike or industrial action
• there’s been an earlier overpayment of wages or expenses
• it’s a result of a court order

Some contracts of employment will be illegal if:-

• the employee gets all or part of their wages as ‘cash in hand’; and
  
• tax and national insurance contributions are not paid; and
• the employee knows they are getting paid in this way to avoid paying national insurance and tax.

So if you have been getting cash in hand with no deductions shown, then any contract you have signed is illegal.
Just get out of the job before the employer tries to tie you to it.
Give him one weeks notice, and if he starts on at you about four weeks notice, just tell him,that it is illegal and you will contact the Tribunal and the Inland Revenue to enquire about your tax and insurance. This should certainly scare him off.
Any bill he gives you for national insurance credits, just tell him that you will have to show it to a Job Centre, as you believe you don't owe it, as he should have deducted them out of your wages.
Again it's a scare tactic that should have him running.
Good luck in your new job.

[TheDurbinator]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

Thank you guys, your advice was amazing. I have now resolved it, I will be leaving on Friday the 12th of September and starting my new job on the 15th. I appreciate all of your help!

[Amethyst]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

That's brilliant news well done, I wish you all the best with your apprenticeship at Boeing

[Johnboy007]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

Thank you guys, your advice was amazing. I have now resolved it, I will be leaving on Friday the 12th of September and starting my new job on the 15th. I appreciate all of your help!

Great news.........
You have a chance now to forge a career with a top company.
Work hard, save your money, and be lucky......eace:

[Mrs Constant Worry]

Re: New employer wants me to start in 2 weeks, old employer wants 1 month notice.

Just popped in and so good to read of an 18 year old embarking on an exciting career. There is such good advice on here and you have come to the right place.

As a Mum - I may not even know you in person - but so proud of the way you are thinking ahead and asking advice.

I wish you all the best for the future. x