Aibu to just leave my job on payday and never return?

[Workwoes21]

My boss and my work place are toxic but that's a whole other thread.

I'm very depressed in my role and have been job hunting for months. I've had fantasies every day of leaving but decided I wouldn't until I was able to find a new job.

After a very long gruelling 3 step interview process I've been offered a brilliant job and I'm so relieved.

In my current role I've never seen or signed a work contract but I've been verbally told my notice period is 4 weeks.

Today I tried to give my boss my notice and told him my last working day would be exactly 4 weeks from today, I was told no that my last working day would be almost 3 weeks later at the end of that month as that's when I get paid. That's almost 7 weeks of notice.

He was also quite visible pissed off at me and made a few sarcastic comments but I'm used to that now.

Surely that's not right? I mean surely since I've never even signed a contract me giving 4 weeks is generous?

AIBU to just work until I get paid at the end of this month and then tell him I won't be returning?

I'm owed holiday pay and I'm sure I won't ever see that but I just need to leave.

If I work the 4 weeks now like I intended to and leave 4 weeks from now I know he won't pay me all my wage, I'll have to take it further and I'm exhausted. And I cannot work the 7 week period like he wants me to.

If I just leave on payday at the end of the month at least I know I have my full wage.

How long have you worked there?

You have to put it in writing. Keep it straight and factual. Include your intended last day date.

I've already put my notice in writing. 4 weeks and I gave the last day I would be working. I was told no.

I've worked there for a year and a half.

Do it! 👍

First off, YANBU. Second, be polite and ask to please see the contract you’ve signed. Assuming there is no contract or specified notice period, you can start agreeing what’s next from there

I believe its 1 week statutory notice if no contract. I’m about to hand mine in, same situation of toxic work place.
Won’t be working the week though I’ll get signed off for it

Just go. Not worth the emotional price.

As PP said you need to put it in writing and clearly date it. If you don’t do this and they are as bad as they say they are they’ll try and get more time out of you and could be awkward about your pay etc.

Ah, just seen your update OP, ignore my previous post.

Do you have HR? Because now is the time to involve them.

Get signed off as well.

No HR, tiny company.

Does anybody know if there's any chance of me getting my holiday pay? Can he withhold it?

Nope. Just do it..
They are lucky.my last job was full of fuckwits. I had 3 months notice clause in my contract. I gave them 3 minutes!
If you need a reference, make sure that's in the bag and agree a start date for new job and leave when it suits you

They have to pay you statutory holiday accrued (20 days plus bank hols) if you havent been able to take it?

You could take them to an employment tribunal if they refuse to pay your holiday pay. You need to have everything in writing, ie how much annual leave you're entitled to for the year and how much you've used and what's left owing. Always try to sort this out with your employer first but make sure everything is done in writing so you have proof should you need to take legal action.

Also I would def just work the 4 weeks, there's no contract in place after all.

Do it, life is too short
Make sure you can afford to survive without any of the holiday pay, if it is delayed in getting it out of them.

Just leave when you next get paid. They are not worth it. Will you be starting your new job almost straight away and therefore be able to cover bills?

Sorry, pressed post too soon. If so, no brainer, leave

www.acas.org.uk/notice-periods/notice-when-resigning

On the contract, you still have one even if you didn't sign anything. Final paragraph below.

www.gov.uk/employment-contracts-and-conditions

You'd have to take to tribunal if he withheld pay. Often employers will pay what's due to settle before it gets to the tribunal itself, so it's just a paperwork exercise in that case.

I'd probably phone acas for advice if I were you.

No, he can't withhold any money owed to you.
You've given notice properly in writing, have you been refused in writing?
I'd ask to see your contract, and when he can't produce the signed copy, tell him you'll work til the end of the month and will expect holiday pay in with your pay at end of month.
On the face of it, you are in the right here.

@Workwoes21 He can’t not pay you holiday pay OP but doesn’t mean he won’t try. Do you know exactly what you’re owned?

How many days/hours do you work? And what holidays (if any) have you already been paid for?

He also can’t refuse your notice 🙄 sounds like he’s being a twat! I’ve worked for someone like your boss before and it was NOT fun! You’re doing the right thing by leaving!

I’d just leave immediately and start the new job, and then sue for my holiday pay.

If you are not relying on them for a reference then just send an email (or letter but email gives a trail) from a personal account stating that as discussed on X date, you are giving 4 weeks notice. Your last day will be Y date.

If you need a reference, get that in the bag, then do as above.

Iife is too short to be miserable.

Get signed off work with stress

(former union rep here - I dealt with one or two similar problems and have built up basic understanding in this area)

If no HR person its worth talking to the office manager or payroll person about notice periods etc and practical arrangements for leaving as they will be more likely to know the procedures. Maybe also talk to another colleague to get their understanding of the procedure

Does it say anything about notice in your letter of appointment or other communication you had when starting the job?

One month notice is fairly standard; if you dont have a contract and havent spoken to your manager about the notice periods etc when you started one week is the legal minimum.

The notice period legally I believe starts the day after you hand in the notice. Ive not heard of having to wait until the next payday to be able to go - this is clearly wrong. They could still pay you for any work in that month on the same payday but it would only be for the period until you month notice is up.

You are entitled to holiday pay in your notice period and for any holiday that you are due up until the end - it usually easier to take the leave in the period prior to leaving, ie bringing your leave date forward, but if you cant they need to pay you for the days you are due.

You can just walk out the door on your payday but ideally you shouldnt leave like that as you never know when you might need references etc.

If you leave earlier than the month that you have specified they can technically sue you for losses/ hassle they face but in most cases it wouldnt be worth it. You may also forfeit any holiday pay owed as they could reasonably claim that you had walked away and so broken the actual or implied contract. At any tribunal if you could show that you have been reasonable and handed in your notice in writing there would be no case.

Its worth talking to your union if you have one - they will advise. Also its worth looking at the ACAS website www.acas.org.uk/employment-contracts for information - they also have a helpline which should be able to advise

Good luck!