To think this is really dodgy?

[troobleflooble]

I've recently given in my notice for my temporary job because I've been offered another, much better job. I've also had real transport issues getting into the old job as it's in a rural location with crappy public transport and my vehicle is off the road. Employers have ignored my availability and keep scheduling me on shifts I can't get home from, hence the search for a better job! Been there about 6weeks, zero hours contract. At the moment it's very quiet and I've been getting 12hrs a week or less so not a particularly bad time for them to lose a staff member.

I was supposed to get my wages end of last week and I hadn't had anything through so I contacted the owner to ask where my money was. She basically told me that because I hadn't given a month's notice they are withholding my wages for 1 month.

Wtf?!?! Are they even allowed to do this? Even if it wasn't a zero hours contract (which it is), I'm still well within my probationary period so I didn't think any notice was actually required let alone a whole month. I thought the whole point of zero hours was that you weren't obliged to take any shifts and that it was supposed to work for the employee and the employer. Obviously this isn't the case here.

I can't believe that they can just arbitrarily decide to withhold my wages if they don't like the fact I've decided to leave. This would have been my Christmas period wages too, so not only more hours but also all the tips I earned over that period so no a decent amount that would have tided me over until my new job starts. Now I have to magically come up with all that missing money.

Fuckers.

What does your contract say about notice?

Agree with you, that doesn’t sound right with a zero hours contract.

Hopefully someone with knowledge will be along soon.

Good luck with the new job.

What does your contract say?

Contact citizens advice first thing tomorrow morning!

Contact ACAS for confirmation but no, they cannot. It is illegal to withhold pay for work already done.

After you speak to ACAS you could perhaps write a letter before action, warning them of your intention to issue a 'small' claim' in court.

linkilawsolicitors.com/insight/what-is-a-letter-before-action/

Of course they can't do this. I'd try citizens advice in the first instance.

They sent me the contract via email and didn't bother to let me know, it went into my spam folder so I hadn't actually read it until now.

Tbf it does state that, about a month's notice, but it does also say that wages MAY be withheld rather than WILL be, so I imagine it is at their discretion. It also says you need to give a month's written notice about any availability changes and any time off required for appointments which is totally ridiculous. Who knows a month in advance when they are going to have their availability change suddenly or need an appointment?!

It also says that when you have been rota-ed on for a shift that you are contractually obliged to work it, which I'm sure isn't right at all for a zero hours contract. They also employ 14yr olds which I didn't think was legal either.

Would you normally be paid monthly?

As already posted, money you have earned cannot be withheld in these circumstances. Contact ACAS and tell them you are considering making an Employment Tribunal claim for 'unauthorised deduction from wages'. Acas will contact them under the Early Conciliation protocols. If they still refuse to pay, Citizens Advice will explain how to make a claim. There are no court costs payable under this way of doing things, unlike the suggestion above of small claims court action. I am an employment lawyer.

You need to check your contract.

@araiwa no it's fortnightly.

They will probably not give me any of my tip share now too, the bastards.

I'm angry at myself for not reading the contract before now but to be fair I didn't even know I had one. I wasn't in a position where I could have afforded to turn it down even though the contract is problematic.

I bet a million pounds that if you did give a month's notice you would then mysteriously not have any hours for your whole notice period. And yet you are supposedly not allowed to refuse any shifts they do give you?

I really hate hospitality 😡

Your contract is immaterial. It cannot remove your legal right. See my post above.

@fishingfor thank you for your advice. I know employers can, to an extent, set their own rules for things but I didn't think they were allowed to actually supersede the law! In the same section, the contract goes on to say that if you don't give the full notice period and they have to replace you with a new member of staff then any costs that they incur from doing that will be taken out of your last wages? What?! Surely that isn't allowed?!

Do you think the process of contacting the relevant people to take this further will take longer than a month? Because if so it may just be better to wait it out, as annoying as that may be.

Now you have that contract and can see how outrageous it is you could also ask ACAS if there is anyway it can be legally reviewed.

CAB could also be of some help.

It is ridiculous but its there, move on, forget them,

Are you still in your probationary period as often the notice within that is only a week. Hospitality is brutal at the moment, my husband owns a bar and is really struggling to get staff. My son works part time for him and is turning down shifts as he has deadlines for college work.

Since you say the contract went into your spam, I assume this means you haven't signed it? Therefore there is no contract. You legally only need to give 1 weeks notice. And they certainly can't withhold pay.

@Jfb23

Since you say the contract went into your spam, I assume this means you haven't signed it? Therefore there is no contract. You legally only need to give 1 weeks notice. And they certainly can't withhold pay.

That simply is not true.

Not signing a contract does not make it void.

@Jfb23

Since you say the contract went into your spam, I assume this means you haven't signed it? Therefore there is no contract. You legally only need to give 1 weeks notice. And they certainly can't withhold pay.

This isn't true. By working shifts a tirbunal would say agreement of the contract was implied - I've been there.

However you can threaten them with tribunal for unlawful deduction of wages OP, there's a very high chance they'll pay up just to get rid of you.

We had similar with my oh but there was no contract at all. Employers must tell you in writing of an intent to withhold wages, which they didn't do if contract only says they may.
Notify your previous employer that you intend to seek legal advice to reclaim the wages as this may prompt them to give it up (acas website will tell which laws protect you so you can cite them). Then get on to acas as they will support you in this. Good luck!
Can you get a budgeting loan/UC payment to tide you over?

There's a lot of misinformation on this thread. OP, your contract can't override your statutory rights so no, this is simply not OK. They may be able to make some contractual deduction but at the absolute minimum you should receive no less than minimum wage for the hours worked else the deduction is unlawful.

It doesn't matter whether contract is signed or not.

I have an LLM in employment law.