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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I left a part-time job at the end of August after 2 months

Customer Question

Hi
I left a part-time job at the end of August after 2 months with them (GP Surgery Receptionist) as was contacted by another practice that I'd had an interview at 3 months prior. They rang to ask if I'd still be interested in their vacancy, as things hadn't worked out with the present employee. In short, I was offered the job at interview and handed in 2 weeks notice (not needed as no contract been given).
I started there on 30th June, for 3.5 hours training but did work that day like answer the phone, hand out prescriptions, process prescriptions, even some scanning of notes to attach to patients journals. Little or none induction and worked again on Friday 3rd July 8.30-1pm.
When they told me they didn't need me for the 2 weeks notice (finish 4/9) and I should leave on Friday 28th August, I accepted and managed to start my new/present job on Wed 2nd September. They obviously were avoiding paying me for Bank Holiday Monday, 31st August. Payment should be on 28th of the month.
In July I didn't paid until 31st July and had bank charges as my direct debits go out on the last day of the month so therefore funds weren't available on 30th July to pay them.
When I left, I trusted them to pay me on 28th August, but they didn't transfer the money until Tuesday, 1st September! Their explanation was they don't pay new staff on the usual day, in case they leave before the end of the month!
Furthermore, after having agreed to honour 2 days holiday on 20/21st July which I had already booked at time of interview, they deducted £60 from my final wage (2 days X 4 hrs @ £7.50 per hour).
After having checked with ACAS, I should start accruing holiday from day 1 (whether permanent, part-time, or no receipt of a formal contract) at 5.6 weeks per annum. Having worked there 2 whole months, I decided to calculate exactly how many days annual leave I should have been paid. It was, in fact, 3.72 days (£111.80!).
I wrote an e-mail requesting that this shortfall be met, and if it wasn't I would have no choice but to contact ACAS and put in a claim. They refused, so I did just that.
They have now made me an offer of £102 on the proviso I don't get a reference, not even one confirming the dates I worked, and that I sign to say it is in full and final settlement and that I don't descriminate against them, nor contact the practice again!
I feel like taking them to an Employment Tribunal, but it's a lot of nuisance attending now I have decent employers. We are due a CQC Inspection at the new practice next week, whereby I need to show a reference from my most recent employers.
I am writing to ask your advice, as to whether they are being reasonable after me working with hardly any training (they offered me £10 for my 3.5 hours "training" on 30th June).
Do you suggest I forget the £102 they have offered and request a reference in lieu of payment, however short, albeit it confirmation of the dates I worked from and to? Or can I accept the money but refuse to sign to say I will not contact the practice again, via a third party, who can liaise on my behalf on a civil action in obtaining a reference I feel I earned?
I have ACAS calling me back at 5.30pm for my answer. I will not sign his agreement until I have recieved a reply from yourselves.
Regards
Bev Stevens (Mrs)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you need their reference for the new job you are now working in?
Customer: replied 1 year ago.

hi Ben

yes I do. I joined on the understanding I provided a ref from my last employer and a social ref. I have provided my social ref from a long standing Metropolitan Police Investigator, which was accepted and several past employers refs including one from May or June 2014.

in the forthcoming CQC Inspection, they will ask my present employers why they did not obtain one from my last employers. I don't want this to become a problem for my new employers.

regards

Bev.

Expert:  Ben Jones replied 1 year ago.
Thank you and has the employer said they will issue a reference if you do not take the money?
Customer: replied 1 year ago.

I have asked my representative at ACAS to ask that question. She said at the start, it's not unusual to do a deal, but I refused saying I am not willing to "buy" my own reference!

Having thought about how much I need to keep my new job, I asked the rep today could she speak with the Manager (Dr Tandons husband) if he would write me a reference if I did decide to forego the owed holiday money (he asked if I'd accept (102 instead of 111.80 as he didn't include 30th June training day in the holiday calculated, even though I worked 2nd July, which still would have been 2 complete months until Friday, 28th August, as Monday 31st the surgery was closed, being Bank Holiday).

what would be your advice, if he says he will write one in exchange for paying me the holiday money? Where would he stand legally? And

should I say to just lower the amount he pays me?paying me o

Expert:  Ben Jones replied 1 year ago.
Under law you would be entitled to get the holiday you are owed, assuming it was accrued as you say and was owed at the time you left. So if they refuse to pay you, then you could take it further if necessary, although for the amount owed it would be too much time and money to pursue. I know you are working on principle but at some point common sense has to prevail and the reality should be considered.
So whilst the money is owed to you, the employer cannot be forced to provide a reference. So they could decide to provide one on their own terms, such as by agreeing to pay you a lower amount, even if legally you would be entitled to get the full amount. So you need to decide what is more important to you – the reference or the money. In your position I would say the reference is more important and you should make this your priority rather than getting the full amount you are after. So if that means accepting a reduced amount but being guaranteed a reference then do that. Forget that the employer is paying you a bit less than what is actually due – as I said, principles are important but sometimes you just have to accept that you may not get your own way and have to work to the most reasonable and beneficial outcome to you in the particular circumstance.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Ok have taken this on board. I was thinking they may ask to not pay me at all, in lieu of reference. I may ask they pay an arranged reduced amount.

THank you for your time Ben. I would leave a tip but I've paid £38, plus I may not get this money at all yet.

thanks again,

regards

Bev

Expert:  Ben Jones replied 1 year ago.
OK thank you.
regards
Ben

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