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can me ex-emploeyer do tthis?

4 replies

mixedmamameansbusiness · 27/09/2010 11:51

I handed in my 2 weeks notice at work, meaning I would finish work on Tuesday 21st September. They asked me to stay on for an extra two weeks which I verbally said I would do but was not contractually obliged to do.

However, various personal issues arose which meant this was no longer possible.

In actual fact it meant that after Tuesday i was unable to go back so emailed them to explain.

I realise this is not a desirable way of leaving and I felt awful but I could not go back. They were not replacing me so theyhavent been "left in the lurch" so to speak, although I realise this is beside the point.

So, I have worked my 2 weeks notice as I am required to do. Today they havent paid me. Can they do this?

OP posts:
prh47bridge · 27/09/2010 12:27

This is potentially a bit of a mess. The first thing to establish is what your employer thinks is going on. Are they going to pay you later? People leaving are often paid separately from the normal payroll run. If not, what is their justification for not paying you?

mixedmamameansbusiness · 27/09/2010 12:50

Ok, so I should contact them to ascertain their reasons. Are there any reasons that might be deemed legally acceptable? Just so I know.

I just didnt want to wade in without having a clear idea of what they are entitled to do and not entitled to do.

They are a tiny company so I doubt they are paying me separatley.

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prh47bridge · 27/09/2010 13:14

If, for example, you had taken more holiday than you were entitled to for the year to date they are usually entitled to claw back pay for the excess holiday. So if you are entitled to, say, 25 days paid holiday and you've already taken them all, they would generally be allowed to claw back between 6 and 8 days pay for that, the exact amount depending on what your contract says. There are many other allowable deductions from pay which is why you need to find out what they say before anyone here can give you proper advice.

The fact they are a tiny company doesn't rule out them paying you separately from the normal payroll. They have to prepare your P45, calculate holiday pay, etc. And they weren't expecting to have to do that this month since you'd agreed an extra 2 weeks.

From what you say I'm guessing you haven't had your P45 yet. Most companies I've worked for issue that with your final payslip. You are entitled to it by law. If you haven't had your P45 that may suggest that your ex-employer hasn't sorted out your final pay yet.

mixedmamameansbusiness · 27/09/2010 16:57

Thanks everyone.

Have emaild them and they said they missed the BACS date due to having to recalculate, so it is in the process of being sorted.

Thanks for all the advice.

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