Quizzes & Puzzles11 mins ago
not got paid.
2 Answers
My wife resigned from her job on the 3rd feb, she gave no notice, she just resigned over the phone to her boss in an argument, the boss had phoned her to ask her when she was coming back to work though this was only her second day off.
The reason my wife was off work is because her boss is in the middle of selling the company to someone my wife does not want to work for (a bully).
Her boss knows this and has tried to convince my wife that the new owner is a nice man, though it was her who originally told my wife that this new owner is a bully.
however, as i said, my wife quit on the 3rd feb, but has not been paid for the week 26th - 30th jan, all the other girls in the company have got paid.
Any suggestions as to what to do next?
We are worried that with the company changing hands no one will take responsibility.
The reason my wife was off work is because her boss is in the middle of selling the company to someone my wife does not want to work for (a bully).
Her boss knows this and has tried to convince my wife that the new owner is a nice man, though it was her who originally told my wife that this new owner is a bully.
however, as i said, my wife quit on the 3rd feb, but has not been paid for the week 26th - 30th jan, all the other girls in the company have got paid.
Any suggestions as to what to do next?
We are worried that with the company changing hands no one will take responsibility.
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.Usually, wages are paid a period behind or there is a clear contractual statement about periods of notice. It sounds as if your wife has not given the agreed period of notice, and so has forfeited a week's pay 'in lieu of notice'. It would however be useful to be able to consult her contract and see exactly how this was arrived at, but this could be difficult to get hold of now that she no longer works for them.
What you describe appears to be an unlawful deduction of earnings. In such circumstances it is possible to put a case to an Employment Tribunal to order the employer to pay it.
Unfortunately it isn't that simple because your wife resigned on 3rd Feb without giving the required period of notice. In these circumstances the employer may feel it has a claim for breach of contract.
It can't however trade one against the other - it has to take the legal action to have the case proven.
I suggest that you write to the employer to the effect that you consider that an unlawful deduction of earnings has occurred and see what happens. You could also phone ACAS to see what they say.
The reason your wife gives for being off work does not stand up - she could have resigned and easily worked out her notice before any transfer of the business occurred.
Unfortunately it isn't that simple because your wife resigned on 3rd Feb without giving the required period of notice. In these circumstances the employer may feel it has a claim for breach of contract.
It can't however trade one against the other - it has to take the legal action to have the case proven.
I suggest that you write to the employer to the effect that you consider that an unlawful deduction of earnings has occurred and see what happens. You could also phone ACAS to see what they say.
The reason your wife gives for being off work does not stand up - she could have resigned and easily worked out her notice before any transfer of the business occurred.