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Withholding wages

36 replies

LazyLacey · 07/10/2019 00:57

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

OP posts:
MrsMaiselsMuff · 07/10/2019 09:40

So much bad advice on this thread (with the exception of flowery).

Irrespective of what you did wrong, you are entitled to be paid for the time you worked, including the training days. There are times when the employer can reclaim the costs of training, but this needs to be pre agreed in writing, and certainly does not apply here.

Call ACAS for advice on what to do next.

YobaOljazUwaque · 07/10/2019 09:45

Absolutely the OP is entitled to minimum wage of £8.21 x 28 hours (=£229.88) as her basic legal minimum rights. She isn't entitled to feel like the injured party in the scenario though.

adaline · 07/10/2019 09:46

You might have behaved poorly but that doesn't mean you're not owed your wages.

You're entitled to be paid for the hours you worked so if they're not forthcoming with wages then contact ACAS.

However in future you can't just walk out of work.

Todaythiscouldbe · 07/10/2019 09:52

You are legally entitled to be paid minimum wage for the hours you worked, less the breaks you took which can be unpaid.
I think your expectations of the workplace are totally unrealistic as previous posters have said. You also can't just leave without telling your employer, I have no idea why you think that's acceptable.

Happiedays · 07/10/2019 10:03

You might find that when you went AWOL, you were still counted as employed and so these days have to be accounted for. If you don't get sick pay they may have deducted these days out of your wages and so it would cancel it out.

LazyLacey · 10/10/2019 01:26

Apart from the people who give good non judgemental advice the rest of you should be ashamed of yourselves
No wonder so many people in this county have mental health problems
Judgemental twits
Clearly says I suffer with mental health and anxiety and yet you all judge me from your big glass houses

Shameful

OP posts:
Tini17 · 10/10/2019 04:02

You asked a number of questions in your original post that people took time to respond to. And now, instead of reflecting on that, when you don’t like the answers because they have pointed out discrepancies in your two threads and how some of your behaviour and expectations are off, you call them judgmental twits?

Countrylifeornot · 12/10/2019 05:18

OP DFOD.

You cocked up, embarrassed yourself and tried to cover it over with stories about mints / anxiety / vaping / goodness knows what else.

People giving advice are not judgemental twits, you are the one who has behaved like a twit and you've been called on it.

Good luck in your new job, hopefully you'll manage to conduct an adult relationship with your employer and be happy and successful going forward.

MutedUser · 12/10/2019 05:38

You didn’t even have the curtesy to phone and let them know you wouldn’t be back ? Wow how old are you 16?

Namechangeforthiscancershit · 12/10/2019 05:41

Ooh where do I find this big glass house? I just seem to have a normal one. Must be a mistake.

Maybe don't call people who are trying to help you judgemental twits. Though to be fair I haven't heard twit used for a while so that is moderately amusing.

If you leave a job again you need to actually resign, not just not turn up. That would have been the case 12 or 15 years ago.

I hate vaping too but you can't stop the boss from doing it, or make yourself entitled to breaks that you're not.

Chinnychinnychinnychib · 13/10/2019 09:30

As others have said, you are entitled to 28 paid hours.
I think you have to accept that people are pretty astounded by your actions though. Just quitting like that is unbelievably immature. There are plenty of ways of communicating that you could have used, anxiety or not.

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