My former job is refusing to pay me

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Brandy345
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So I worked in a warehouse for just over two months but had to leave because my right leg was in bits, I wasn't getting any recovery time and my job consisted of lots of lifting and walking around so my leg was getting worse and worse.

On Wednesday I started my shift feeling defeated and 20 minutes in I went to my boss and explained about my leg and asked what my options are for example can I book a week off and see how I go or could I come back on Monday and see how I feel. He listened to what I had to say and our conversation was cut off by a delivery guy showing up so I assumed he would get back to me once he wasn't busy.

When he returned he told me to help him lift a heavy gate so I said I am unable to do this job then and left.

I got a text this morning stating that he isn't going to pay me for the work I have done this month, I've heard that employers have the right to not pay you for a days work if you walk out but he isn't wanting to pay me for the three and a half weeks I have worked. Does he have the right to do this?

I am so angry at the moment because this month I worked so damn hard especially as the three other workers have left and I was pretty much doing all of their jobs and knackering myself out, to which no appreciation or a thank you was ever given.

Does he have the right to refuse pay for the days I have worked all because he's mad that I walked out yesterday and am not coming back?? Is there any legal action I can take?
Last edited by Brandy345; 1 month ago
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Admit-One
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(Original post by Brandy345)
So I worked in a warehouse for just over two months but had to leave because my right leg was in bits, I wasn't getting any recovery time and my job consisted of lots of lifting and walking around so my leg was getting worse and worse.

On Wednesday I started my shift feeling defeated and 20 minutes in I went to my boss and explained about my leg and asked what my options are for example can I book a week off and see how I go or could I come back on Monday and see how I feel. He listened to what I had to say and our conversation was cut off by a delivery guy showing up so I assumed he would get back to me once he wasn't busy.

When he returned he told me to help him lift a heavy gate so I said I am unable to do this job then and left.

I got a text this morning stating that he isn't going to pay me for the work I have done this month, I've heard that employers have the right to not pay you for a days work if you walk out but he isn't wanting to pay me for the three and a half weeks I have worked. Does he have the right to do this?

I am so angry at the moment because this month I worked so damn hard especially as the three other workers have left and I was pretty much doing all of their jobs and knackering myself out, to which no appreciation or a thank you was ever given.

Does he have the right to refuse pay for the days I have worked all because he's mad that I walked out yesterday and am not coming back?? Is there any legal action I can take?
Citizens Advice have some good guidance:

https://www.citizensadvice.org.uk/wo...u-leave-a-job/

You only have 12 weeks from the date you expected to be paid, so don't drag your heels.
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Brandy345
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(Original post by Admit-One)
Citizens Advice have some good guidance:

https://www.citizensadvice.org.uk/wo...u-leave-a-job/

You only have 12 weeks from the date you expected to be paid, so don't drag your heels.
Thanks from what citizens advice says on their page it looks like they have to pay me. I am supposed to be paid tomorrow but got a text saying it won't be happening because I left without finishing my shift. I explained I don't expect to be paid for working for twenty minutes and I don't expect to be paid for today and tomorrow but he responded with he isn't paying me for the entire month.
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ROTL94
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(Original post by Brandy345)
Thanks from what citizens advice says on their page it looks like they have to pay me. I am supposed to be paid tomorrow but got a text saying it won't be happening because I left without finishing my shift. I explained I don't expect to be paid for working for twenty minutes and I don't expect to be paid for today and tomorrow but he responded with he isn't paying me for the entire month.
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If talking to your employer doesn't work

If you haven't left your job yet, you could raise a grievance. This is a way of formally raising a problem at work - your employer can't ignore it.

Check if your employer has got a grievance procedure for you to follow - you might find details in your staff handbook or intranet.

If your employer doesn't have a grievance procedure or you've already left your job, try writing them a letter.

It should include:

the date you left
how much you think they owe you and how you've worked it out
when you expect to be paid
copies of any evidence you've got to back up your argument

You might be able to get help from a trade union or other organisations. They could negotiate for you or go to meetings with you. This could give you a greater chance of success.

You can read more about raising a grievance.
If you can't contact your former employer
Get help from Acas and early conciliation

If writing to your employer doesn't solve the problem, you can contact Acas. It provides free independent support for employment disputes.

Get in touch with Acas as soon as you can - the deadline is 3 months minus a day from when your employer should have paid you.

They'll see if your employer will agree to a process called early conciliation - this means they'll help you talk to your former employer and try to resolve the dispute informally.

You can apply for early conciliation on the Acas website and read more about using early conciliation.
Take legal action

If you don't reach an agreement through Acas early conciliation, you can make a claim to an employment tribunal. You need to have tried early conciliation before you can go to a tribunal. Acas will give you a certificate that you need before you can start a tribunal claim.

If it's more than 1 month since the date on the Acas certificate you might be out of time for a tribunal claim - but you might be able to sue your employer in the courts instead.

You should get advice from your nearest Citizens Advice about your options.
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Talon
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The problem you have is that you left without giving any notice. If you have been working somewhere for over a month, you need to give at least 1 weeks notice when resigning. I'm no lawyer, but if you try to take legal action, they could bring up the fact that you breached your contract first by quitting without notice. You might be able to go down the route of your employer didn't make reasonable adjustments to your injury (by trying to make you lift the gate or not giving you any leave), and this *might* count as constructive dismissal. Again, not a lawyer.

You didn't mention about submitting a written resignation though, again this might be an issue.
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Emma:-)
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(Original post by Talon)
The problem you have is that you left without giving any notice. If you have been working somewhere for over a month, you need to give at least 1 weeks notice when resigning. I'm not lawyer, but if you try to take legal action, they could bring up the fact that you breached your contract first by quitting without notice. You might be able to go down the route of your employer didn't make reasonable adjustments to your injury (by trying to make you lift the gate or not giving you any leave), and this *might* count as constructive dismissal. Again, not a lawyer.

You didn't mention about submitting a written resignation though, again this might be an issue.
I agree
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Zarek
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I would be very surprised if it is legal not to pay you, but your lack of following any procedure when you left muddies the water. Get some guidance from citizen’s advice or a law centre
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