Salary payment question

[LordHaveMurci]

Took a role just before Christmas, didn't work out, left at the beginning of Jan - was told I would be paid a weeks notice, no need to work that notice period.

Found out today that another (now ex) employee who left just after I started (a common occurence I came to realise), is still waiting to be paid their notice money from December, also told they didn't need to work it.

Now, mine may well be paid on Friday, but if it isn't, what do you do?!

Other person has started a grievance through ACAS, I assume this is the best way forward?

[Mortarboard]

Did you work the notice period? If not, then that will explain it.

M.

[LordHaveMurci]

Mortarboard said:

Did you work the notice period? If not, then that will explain it.

M.

I was told I would be paid but not required to work my notice.

Same with ex colleague.

[Mortarboard]

I think they lied. It sucks, but there's nothing you can do. Nothing in writing yadda yadda.

Not worth the annoyance. You're not there anymore, that's the "win"

M.

[craigjm]

First course of action is to contact the company and ask them why you have not been paid. They will check with payroll and confirm the situation. If they dont then pay you within 5 days you should then contact ACAS and raise it with them. You have three months less one day from the date you should have been paid to put in a claim with ACAS if you are not able to do it next week. When you speak to your employer speak to HR not your old line manager

[LordHaveMurci]

Mortarboard said:

I think they lied. It sucks, but there's nothing you can do. Nothing in writing yadda yadda.

Not worth the annoyance. You're not there anymore, that's the "win"

M.

Legally entitled to be paid your notice, hence ex colleague (who tracked me down to get in touch) is going down the ACAS route.

[LordHaveMurci]

craigjm said:

First course of action is to contact the company and ask them why you have not been paid. They will check with payroll and confirm the situation. If they dont then pay you within 5 days you should then contact ACAS and raise it with them. You have three months less one day from the date you should have been paid to put in a claim with ACAS if you are not able to do it next week. When you speak to your employer speak to HR not your old line manager

Thanks.
Smallish company so no payroll or HR dept's - one man doing it as part of his role.

MD is not a pleasant individual & will be driving this, the why escapes me.

Payment due tomorrow, no response to the email I sent yesterday - let's see what happens ...

[iphonedyou]

LordHaveMurci said:

Legally entitled to be paid your notice, hence ex colleague (who tracked me down to get in touch) is going down the ACAS route.

Not if you didn’t work it, surely?

[LordHaveMurci]

iphonedyou said:

LordHaveMurci said:

Legally entitled to be paid your notice, hence ex colleague (who tracked me down to get in touch) is going down the ACAS route.

Not if you didn’t work it, surely?

I offered to work it, MD said I was not required to work it, could leave at the end of that day & would be paid for the weeks notice period.

Also told ex colleague the same thing.

[iphonedyou]

LordHaveMurci said:

I offered to work it, MD said I was not required to work it, could leave at the end of that day & would be paid for the weeks notice period.

Also told ex colleague the same thing.

But in that instance, you don't have a legal right to payment. You've almost certainly breached your contract.

As Mortarboard says, your boss probably lied - but there's not a lot you can do about that.

[craigjm]

iphonedyou said:

LordHaveMurci said:

Legally entitled to be paid your notice, hence ex colleague (who tracked me down to get in touch) is going down the ACAS route.

Not if you didn’t work it, surely?

Your notice is contractual so if they want you to leave and not work your notice they have to pay you the equivalent

[Mortarboard]

craigjm said:

iphonedyou said:

LordHaveMurci said:

Legally entitled to be paid your notice, hence ex colleague (who tracked me down to get in touch) is going down the ACAS route.

Not if you didn’t work it, surely?

Your notice is contractual so if they want you to leave and not work your notice they have to pay you the equivalent

Problem is, they can just say "received verbal notice the week before"

Its stty, but "winning" may be more stress than it's worth.

M.

[iphonedyou]

craigjm said:

Your notice is contractual so if they want you to leave and not work your notice they have to pay you the equivalent

But PILON is also contractual. One assumes the contract doesn't include that provision (it not having been mentioned).

[LordHaveMurci]

Mortarboard said:

Problem is, they can just say "received verbal notice the week before"

Its stty, but "winning" may be more stress than it's worth.

M.

Yet they made no attempt to contact me when I didn’t turn up for work the following week …

Not being required to work your notice is pretty standard IME.

[craigjm]

LordHaveMurci said:

Mortarboard said:

Problem is, they can just say "received verbal notice the week before"

Its stty, but "winning" may be more stress than it's worth.

M.

Yet they made no attempt to contact me when I didn’t turn up for work the following week …

Not being required to work your notice is pretty standard IME.

Just contact them it’s probably and oversight and if they don’t pay you contact acas.

[LordHaveMurci]

craigjm said:

Just contact them it’s probably and oversight and if they don’t pay you contact acas.

Ex colleague situation is not an oversight & they have not responded to the email I sent yesterday.

This has confirmed ACAS is the correct route which is what I was looking for, thanks to all who assisted.

[RC1807]

You were there a couple of weeks.
If they didn't put their PILON in writing to you, I wouldn't bother fighting them.
Walk away and enjoy your new role.