Ex-employer failing to pay wages owed (England)

[babyphantom]

Hi, my partner resigned fom his previous job by email at the end of January as he was starting a new job, He had no signed contract and left the job to go to a similar job with a much better salary as we were struggling on his previous one. However, unbeknown to him until his first day at new job, there is very bad blood between the 2 companies. He was due to recieve his last wage from old company last week, which he didn't get. He phoned up and spoke to the payroll department who said there was a problem with the system abd he would receive wages by end of business today. This has not happened, and he has discovered today that his old boss now knows he works for the other company, and is none too pleased about it. Now we are faced with having no money until the end of February and have no idea how we are supposed to chase up the outstanding wages. In the contract with previous employer, 1 week is the notice period, but as he had not signed a contract he neither gave or worked a weeks notice. He has now emailed the company again asking for his wages to be paid to him by Friday this week or he will seek legal advice, and I just wondered if anyone could give any advice on the whole sorry situation? Thank you in advance x

[redcrx]

if he didnt have a contract how did he know there is a 1 week notice period?

when did he email in relation to date he stopped working?

[factor-fiction]

He should have given a week's notice even though he hadn't signed the contract, so the employer could seek damages. Nevertheless he should be paid for the work he has done. What is the money they owe him- I assume it's not for the week he didn't work!.

[babyphantom]

It was in his welcome letter he recieved when he first started
He emailed in notice Friday 29th January as he started new job 1st February

[babyphantom]

He is owed a full months pay, plus a week he worked at the very start which he wasn't paid for.

[redcrx]

"It was in his welcome letter he recieved when he first started"
so he accepted the weeks notice. They could try and sue for breach of contract.

if you know the figure he is due then you could try and start a small claim in court.

[babyphantom]

Firstly my apologies, I have given incorrect information, bit flustered!
I've just gone through his welcome pack and there is NO mention of any notice period. He was going on an assumption, and actually has no idea what the notice period was.

I appreciate that he did not give an adequate amount of notice regardless of how much it was, but he assumed (probably incorrectly) that with no contract offered to him or signed, he did not have to give any.

[carrot99]

http://www.direct.gov...gorretiring/DG_175835

this site may be useful

[babyphantom]

Thank you for the given link it is an eye opener to say the least! I just wish they hadn't told him he would be paid if they had no intention of paying him, but I guess that's just the way it goes. Thank you all for your help x

[buildersmate]

He should have given them a mnimum of one week's notice - possibly more, but let's try and hold the line at one week.
Here is the reason.
http://www.direct.gov...gorretiring/DG_175837
He is therefore in breach of his contract.
However failure to give the required notice does NOT entitle the employer to withhold the wages - to do so is an unlawful deduction of wages.
This is confirmed here
http://www.emplaw.co....tpage=data/098001.htm
So the position is that the employer can't take the law into his own hands and hold back money - he has to go to court and make a case for breach of contract and damages for that breach.
Construct a letter along the lines of 'You owe me the sum of xyz in wages that were due yesterday. Failure to pay by tomorrow will be construed as an unlawful deduction from wages and will result in e taking legal action to recover the money'.
It might do the trick.

[babyphantom]

Thank you, buildersmate, for your advice. He has emailed his ex employer, albeit not as eloquently put as you, but with the same general message. Hopefully he will get a response so he knows how to procede.

[twix123]

I would suggest your partner speaks to either ACAS or the Citizens Advice Bureau for further advice, especially as he was technically in breech of contract by not giving ample notice. As he was working a week in hand, don't forget to include that in any claim, and demand his P45 is forwarded to him by the payroll department, ensuring that the correct figures are included.