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Old Mar 10th, 2009, 08:26 AM   1
PinkTink
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Can she refuse to pay me?


Ladies I need your advice!

I quit my job a short while ago because I was being treated like rubbish, however my boss is now refusing to pay me for the work I did between my last pay and when I left. It was around 2 weeks work which after tax would be about 400!!

Is this legal?

Any advice is needed as I want to have my facts straight before I speak to her!

xxx



 
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Old Mar 10th, 2009, 09:19 AM   2
sjnams
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I would have thought that they would have to settle up what they are due you so they can then issue your P45. I'm not sure what the law is on that though, does your company not have a HR department you can speak to? If not I would call your local citizens advice. Hope you manage to get it sorted, good luck.




 
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Old Mar 10th, 2009, 09:21 AM   3
JayleighAnn
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That is illegal, although my employer did it to me when I was 15 and I was too scared to do anything about it



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Old Mar 10th, 2009, 09:33 AM   4
Jo
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I think but am not sure that they can withhold pay if you didn't work your notice



 
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Old Mar 10th, 2009, 09:55 AM   5
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Does it say anything in your contract? I did this with my last job but i handed in my noticed and just left earlier, they still paid me because i still handed a notice in.



 
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Old Mar 10th, 2009, 09:56 AM   6
Ema
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Yeah if you never worked your notice your in breach of contract and they can withold your pay. If you worked your notice then no they cant withold it, this has to be paid when they issue p45 (it states on p45 your last pay etc)

If you didnt work your notice but had vaild reasons i.e discrimation etc then you could look to going to CAB about it.

XxX



 
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Old Mar 10th, 2009, 10:24 AM   7
PinkTink
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Thanks Ladies

See its a tricky situation, its a small family business! My sister was my boss and I didnt have a contract but I worked there for over a year so I know that here doesnt have to be a written contract in place.

So as there is no contract in place, i do not know what the notice period is, even though I know I wouldnt have worked it. She was discriminating against me. She treated me completely different to other members of staff and talked to me as if I was a piece of crap!! So I left!!

I know shes with holding the money out of spite, but I want to know where I stand before I confront her!! If that makes sense?!

xxxx



 
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Old Mar 10th, 2009, 10:27 AM   8
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Probably best to see your CAB, im not sure where you would stand if theres no contract in place.
Any job, even something with a friend of family you should always havea contract written incase of things like this happening.



 
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Old Mar 10th, 2009, 13:00 PM   9
mama2b
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As far as im aware you have to legally be paid any hours you have worked even if you don't work your notice.

A friend of mine walked out of a salon she worked at a few years ago and they refused to pay her the previous months wages as they wanted to keep it towards her training costs. She went to the CAB and they said straight away they can't do this so she wrote a letter with all the information and they ended up paying it to her. Otherwise it was all set to go to a tribunal and she would def of got her money then.

I also saw in our local paper that a guy had taken his former employers to court over unpaid wages. He had basically damaged a company car had a row with the management and left, they witheld his wages to cover the cost of the damage but legally they couldn't do this. It went to a tribunal and they were ordered to pay him wages, holiday etc and that was it, the car was a completley seperate issue and I don't think he even had to pay for it to be repaired !

So basically yes they have to pay you, if they refuse get down to the CAB im sure you could get some more infomation if you google it to,



 
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Old Mar 10th, 2009, 13:08 PM   10
polo_princess
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Quote:
Originally Posted by Jo View Post
I think but am not sure that they can withhold pay if you didn't work your notice
Thats right Jo im sure it is


You were on the payroll but had no contract? You MUST have a contract to protect yourself chick, any number of things could happen and you'd need it.



 
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