Walking out before payday

[Gandy]

I had been intending to leave my job for some time and I took the last two weeks off as paid holiday. The purpose of this holiday was to attend as many interviews as possible in order to get a new job.... I Did.

I started my new job yesterday but I was also due to return to my old position yesterday following the end of my paid holiday.

Today is my usual payday from my old company but I haven't been paid. When I called them to find out why they said that it was because I has another job and had not worked my contractual 1 months notice. I had not advised them that I had a new job and they must have found out this (presumably from the reference checks) last week in time to stop my pay going into my bank through BACS.

My question is are they in breach of contract? I realise that I am but surely my old employer cannot consider that I have left without notice after only one days absence and nothing either verbally or in writing from me.

If anyone needs me to clarify anything then let me know.

[lady_p_gold]

Well I am not sure of the exact legal position, but I am sure someone else will be. You do sound a bit put out, but I certainly would not leave a job in this way, even if I had not got on with my employer I would feel as if it was very unprofessional ...... .if you look at it from their point of view, as far as they were concerned you were on two week's leave and the next thing they know you have suddenly gone and are working somewhere else. Did not just not show up on the day you were due to return ? Most people give a month's notice (or a week if weekly paid, which enables both sides to have a cross over period, and also most employer's quite understand that you have to work your notice. I am sure if you are legally entitled to the money then they will pay it.

[Gandy]

I'm not exactly put out I'm simply wondering whether it is worth pursuing. Whilst I don't really want to lose a month's pay, I am prepared to as I see it as a means to an end. My new job is much better and a lot better paid.

I did get on really well with my old employer and do not feel great about doing this. The position I held with my old company, a big faceless multinational, had come to a natural end and I wanted to move on. The new position would not have waited a month for me so I was caught between a rock and a hard place.

I didn't turn up or call them yesterday - Rightly or wrongly I wanted to wait until pay was safely in my account before confirming anything with them

[lady_p_gold]

Oh well ... someone will answer with the proper legal position I am sure .... thanks for clarifying, it doesn't bode well that your new employer wouldn't wait, but there you go. Good luck in your new job anyway.

[Dollie]

I can only tell you what my my employers do - they withold pay from anyone who does not fulfil the terms of their contract. If it clearly stated in your contract that you had to give a months written notice, and you did not, then they will likely withold your holiday pay, because they will consider you are breaking your contract- which presumably you signed at the start of your employment and left a copy with them.

If you do try to pursue this legally - then I can tell you that its very lengthy and drawn out and may just end up costing you more than you have lost already.

[Gandy]

I understand that I am actually breach of contract.

The point of the matter is:- can my employer take action on the assumption that I will breach my contract? At the time when they took the action of recalling the BACS transfer (if the transfer ever went ahead in the first place) they could not be certain that I was intending to breach my contract. I had not breached my contract when my old employer took this action so in theory they seemed to have breached the contract before me. maybe???

[dot.hawkes]

Once your old employers have worked out if you were entitled to the two weeks as paid holiday and that you have not infact had more holiday than your entitlement, they will probably send you your P45 and any monies owing, but if I were them I wouldn't rush to do it and your new employer must not be aware of your actions with your previous employer or they would be perturbed and wary of employing anyone with such a poor work ethic. It is irrelevent how frequently you are paid for notice purposes, most employers quote length of service as a basis for notice periods. This is to enable them to replace or at least attempt to recruit.

[Hgrove]

Try to contact your local Law Centre; they are staffed by local solicitors doing pro-bono work after office hours. They are usually good on employment issues. Take your employment contracts (both old and new job) with you. Usually you have to go and queue up, try to go early because they may only be able to see a certain number of people every evening.

[gammaray]

I'd cut your losses if I were you. Making too much of a fuss may get back to your knew employers with whom, you must agree, you haven't been totally honest about your circumstances.

[WoWo]

"My question is are they in breach of contract? "

To deal with thay specifically most likely not. Most large companies have a team of legal people to cover such circumstances, while your contract might not say anything on the matter there will likely be a employee handbook which in you contract would have been mentioned, something along the lines of, "The guidelines set out in the company handbook also form part of your contract".

In the handbook there will most likely be a line to the effect of... "We reserve the right to with hold pay in regard to a breech of contract".

Personally I'd just be happy with getting out and forget the matter and move on.