Withholding wages

[LazyLacey]

Hello other MN users I was hoping someone might be able to advise me.
I started a new job in sales on the
9th September
I had two days training in a class room with the manger and two other new starters
Then on the 11th September went into the office straight onto the job
I worked 9th-13th & 16th & 17th September
On the 17th I had to rush to the bathroom as I had Diarrhea I put it down to having ate too many mints. I didn't think anything else of it.
Until the Early hours of the morning 18th September when it soon became very apparent that I have a D&V type bug.
I had no choice but to phone my boss and explain.
His response shocked me
At the interview he'd asked if I had any holidays booked I'd explained I did have one booked in October and i also had a funeral to attend on the 24th September.
He said to me on the phone that if I had to take a sick day then I shouldn't be allow a funeral day the following week. I was very flustered at the time and said right ok then. He said I'll seen you tomorrow then.
I also explained I'd passed this on to his team of staff had I come in.

I became so anxious this day - it was bad enough that for the first three days he was allowing us a break for 10 minutes at 1 pm I was working 11-3 daily. After three days these breaks stopped and he'd say right make a sale before 1 and you can have your break.

Now I haven't worked for 12 years as I've had children but now my youngest is seven I wanted to go back to work for my own mental health. Even tho I would loose money I wanted to do this.
But I'm sure he isn't allowed to do this to his staff?

He also would vape and any one else who vaped were allowed to vape in the office too.

My boss sat right in front of me so this smoke was a lot to breathe in. He had one in his mouth permanently and had one on charge and would swap them over - the windows weren't open and they was ten people in this very small office.

Surely this isn't right?

Anyways - I was no better the next day and I didn't dare to phone in sick so I didn't.
I just left.

I know that they pay you four weekly on a Friday so I was expecting to be paid on Friday just gone.

I never so I messaged him

Hi it’s ..........., I worked 28 hours and still haven’t received any wages. Do you know when I’ll be paid?
Spoke to Sam and she’s been paid already.

He replied
The first week is training and is paid if person completed 1 month with us , we weren’t informed you had even left your employment. I will contact accounts to find out what’s happening with any monies owed though

I replied
You cannot with hold my wages just because I’ve left even the first week should be paid in full.
I’ve already spoken to citizens advice and I know my rights.
I expect my full 28 hours otherwise this will be going further

I was so mad.

He then replied
Why haven’t you even contacted us before today

I've asked him for the big bosses contact details and he give me an email
I have emailed him with no reply

Is this allowed?

I don't know what to do ?
I haven't been to citizen advice
I didn't have a contract
I didn't sign anything and he never told me anything of the sort when I started

Any help would be hugely grateful

I would contact ACAS.

It’s too complicated to give advice like this.

He is right, you should have resigned. And for a four hour shift 11-3 you don’t get a break.

I would agree to contact acas , however in my industry (granted it's very different to yours) training costs would absolutely be taken back in that scenario and breaks would not be given in 4 hours.

His vaping in the office is inappropriate but not relevant to the pay.

Most places I work also have a clause about working notice period.

Sorry I see that you didn't have a contract , for future OP dont ever start a job without a contract

I'm naive and out the loop when it comes to work
What's Acas?
Thanks for advice

You really just stopped going to work?!

m.acas.org.uk/index.aspx?articleid=2042

They are an organisation that gives employment advice and in some cases can support you challenging employers

Their number is on the above link and its free

However OP be warned I suspect you may not have a lot of a case here, you walked out without a notice period

Yes I did just leave
But surly they cannot just with hold my wages from the hours I worked ?

I remember your previous thread before you quit.

It was very unreasonable of you to just stop going, and not even tell them, and only make contact when pay day come around.

Yes legally they should pay you something - you are right that even time spent training and time spent being completely unproductive at work not making any sales is still mandatory to be paid at least Minimum Wage. I don't think they are obliged to pay you full whack if the standard psy is above NMW.

What do you mean you “didn’t dare phone in sick”? What did you think would happen?

You don’t need and are not entitled to a break in a four hour shift, so yes he is “ allowed to do this to his staff”, just as you were advised on your previous thread.

Vaping indoors isn’t against the law, although not pleasant I agree. Not a reason to just go AWOL though.

After less than a month and with no contract you don’t have to serve any notice period but you do have to actually let your employer know you have left!

Having said that, they do have to pay you at least minimum wage for the hours you worked.

Training should be claimed back as you didn't work enough time after.

Why would you think you get a break for 4 hours

I can't believe you just didn't go in?

Your boss sounds horrible, but you've lost any higher ground you had by going AWOL

How old are you op? You sound very immature. Vaping in an office may not be pleasant, but it shouldn’t be that big an issue. Did you tell him it was bothering you?
You do not need a break when you’re only working a 4 hour day. Being too scared to phone in sick is silly and quitting your job without telling anyone is ridiculous.

Everyone is making it sound so bad - I did like 7 days at this job
He was a rubbish manager
Was so rude when I phoned in sick -
Like I said I'm not clued up about work as I haven't worked a for a long time so don't know rights law etc
I had quite awful anxiety after the first phone call

I thought well he's gonna know I'm
Not coming back

Thanks to anyone who give me advice and didn't just have a go x

You don't have a case. You've made many mistakes which you need to learn from. You've been out of work for 15 years and clearly do not know what is expected in the world of work now.

You started a job without a contract - always get a contract.
You expect a break for a 4 hour shift - I believe legally you are only entitled to one if you work 4 hours or more.
You walked out and expect to get paid
You did not give any notice or resignation letter

I think you should look for some kind of women returners programme or employment preparation course before getting another job - you need to know what employers expect. Speak to the job centre for help and advice or speak to a careers adviser.

Whatever you do- don’t try and use him as a reference!

Next time, go in with realistic expectations: four hours, no break. Sign a contract. And sickness in the first month? Go in unless you’re dead.

You’re only entitled to a (20 min) break if you work more than 6 hours.

” Training should be claimed back as you didn't work enough time after.”

No. If someone is required to attend work, whether it is in a classroom or an office, they are entitled to be paid at least minimum wage. A contractual arrangement whereby it is clear that wages will be cut but still at least minimum wage if the employee doesn’t work enough afterwards would be fine, but that isn’t the case. Her manager can’t just announce after the event that she doesn’t get paid for that.

OP had clearly behaved badly, but she is not required to serve a notice period and is entitled to be paid for the hours she worked.

Legally you dont get a break unless you've worked 6 hours, not 4. You cant just not turn up!

6 hours before you get a break, i think
sorry to hear you didnt get paid.
why havent you looked for another job in the meantime?

Sorry your first post said you didn’t go in because of the anxiety it was causing not D&V?

12 years I haven't worked nor 15
I didn't go in because I had D&V but I didn't phone in sick the second day as I was bad with anxiety with what he would say.

I have actually got a new job now

OP you are completely ridiculous, and I'd be embarrassed to be chasing wages in your position.

Agree with others, your expectations for a working life are unrealistic.
Can't go in or phone due to anxiety - I'd be glad to sack you! Not letting them know you weren't coming back - completely out of order & cheeky to even ask for wages!
If Unwell go in unless dead! Agree with this too!
No break on a 4 hour shift - learn from this!

But in your first thread you said that the reason you phoned in sick after 7 days was anxiety, with no mention of D&V. You posted that opening thread on the 19th of September, which was two days after the "attack of D&V" if the dates in this thread are accurate. I cannot think why you would have missed out such an important piece of information.

The number of years not employed changed from 15 years to 12 years between these two threads so please forgive @rollNsausage for getting the numbers muddled.

I have been in the position of having to call in sick on day 2 of a job. My friends were all "you have to go in, you aren't dead". But, er, no.

Apart from that - you sound bonkers. The workplace hasn't changed that much in 15 years. Basic courtesy of telling someone you've left the job (!) definitely existed 15 years ago!

It sounds like you took the job with no idea of the terms so I have no idea whether or not you should be paid or if it counted as training.