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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I started with my employer in March and am currently on

Resolved Question:

Hello. I started with my employer in March and am currently on leave and due to return on 15th August. I will have taken 8 days leave. In March I was seriously ill and took 2 days off, which I was paid for. I was told at the time, that this was ok, but prior to my holiday I was told that I should not have been paid for these and that I was also not entitled to SSP, so they would count as holiday. I do not have a contract of employment and am paid monthly. I have been offered a new job but have been asked to start on 18th August. On 15th August my boss is on leave until 22nd. I do not want to just leave so can I give one weeks written notice commencing 10th August. My days of work are Mon - Thurs, but I need to start my new job on Thursday and of course am on current leave. On a side note, it was agreed albeit verbally that my hourly rate would be increased which, I have not received due to the Companies financial position. Please help!
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What exactly are you hoping to achieve so I am clear on your queries?

Customer: replied 11 months ago.
I intend to return to work on Monday as I feel it is the right thing to do but can I go to my place of work tomorrow and hand in 1 weeks notice albeit part of it is leave. There are a lot of personal issues also going on at work between my boss and his wife, so it does not make for a good working environment and I am the only one in the office!! Basically - can I give one weeks notice tomorrow without any comebacks.
Expert:  Ben Jones replied 11 months ago.

In the absence of a contract of employment, legally you would only be required to give a week’s notice anyway. The week’s notice does not mean you have to be available to work for that whole period, it can include pre-booked holidays. So yes, you are able to give them a week’s notice tomorrow and you would be expected to go back in next Monday for 3 days if they want you to.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Customer: replied 11 months ago.
I was paid for July so although I will only be working 3 days in August - how much do they have to pay me upon leaving and also should they backdate my rise? This should have been from 1st June. I understand I make have taken too much holiday than entitled to. Do they have to honour their agreement to pay me my sick days or do they have the right to deduct them as holiday? Sorry for this but I need to cover all angles as my boss will do his best not to ay me!!
Expert:  Ben Jones replied 11 months ago.

If you were paid for July then you will of course only be paid up until the last date your employment ends. If parts of these days are holidays and you took more holidays than you had accrued, you would not be paid for these days. If you were genuinely not entitled to SSP and were paid these days in error then that is an overpayment which they can legally deduct from your pay too so they can take these two days off. A verbal contract is as legally binding as a written one so if there was a guarantee that you will get a pay rise, then this should indeed be implemented and backdated to the date on which it was supposed to apply from. Hope this clarifies?

Customer: replied 11 months ago.
just to clarify - I can give one weeks notice tomorrow, (albeit it part holiday), leave next Wednesday and they should back date my pay rise, pay me for my 3 days next week, BUT as I have taken 10 days leave (if they decide to include the 2 days in March) deduct any overpayment for my holiday entitlement.
Expert:  Ben Jones replied 11 months ago.

yes correct

Customer: replied 11 months ago.
One final thing - if decides I do not have to go back - should I be paid my entitlement up until 17th August as I'm sure he will try and not pay me anything as I have not been at work since 1st August.
Expert:  Ben Jones replied 11 months ago.

yes he should

Customer: replied 11 months ago.
Are you able to show my questions to which you have answered so I can print them off?
Expert:  Ben Jones replied 11 months ago.

Everything is on this page, just print the page off

Customer: replied 11 months ago.
It does not show my questions
Expert:  Ben Jones replied 11 months ago.
Hello. I started with my employer in March and am currently on leave and due to return on 15th August. I will have taken 8 days leave. In March I was seriously ill and took 2 days off, which I was paid for. I was told at the time, that this was ok, but prior to my holiday I was told that I should not have been paid for these and that I was also not entitled to SSP, so they would count as holiday. I do not have a contract of employment and am paid monthly. I have been offered a new job but have been asked to start on 18th August. On 15th August my boss is on leave until 22nd. I do not want to just leave so can I give one weeks written notice commencing 10th August. My days of work are Mon - Thurs, but I need to start my new job on Thursday and of course am on current leave. On a side note, it was agreed albeit verbally that my hourly rate would be increased which, I have not received due to the Companies financial position. Please help!09/08/2016 10:32MeHello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What exactly are you hoping to achieve so I am clear on your queries?09/08/2016 10:41CustomerI intend to return to work on Monday as I feel it is the right thing to do but can I go to my place of work tomorrow and hand in 1 weeks notice albeit part of it is leave. There are a lot of personal issues also going on at work between my boss and his wife, so it does not make for a good working environment and I am the only one in the office!! Basically - can I give one weeks notice tomorrow without any comebacks.09/08/2016 11:13MeIn the absence of a contract of employment, legally you would only be required to give a week’s notice anyway. The week’s notice does not mean you have to be available to work for that whole period, it can include pre-booked holidays. So yes, you are able to give them a week’s notice tomorrow and you would be expected to go back in next Monday for 3 days if they want you to. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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 you09/08/2016 11:18CustomerI was paid for July so although I will only be working 3 days in August - how much do they have to pay me upon leaving and also should they backdate my rise? This should have been from 1st June. I understand I make have taken too much holiday than entitled to. Do they have to honour their agreement to pay me my sick days or do they have the right to deduct them as holiday? Sorry for this but I need to cover all angles as my boss will do his best not to ay me!!09/08/2016 11:24MeIf you were paid for July then you will of course only be paid up until the last date your employment ends. If parts of these days are holidays and you took more holidays than you had accrued, you would not be paid for these days. If you were genuinely not entitled to SSP and were paid these days in error then that is an overpayment which they can legally deduct from your pay too so they can take these two days off. A verbal contract is as legally binding as a written one so if there was a guarantee that you will get a pay rise, then this should indeed be implemented and backdated to the date on which it was supposed to apply from. Hope this clarifies?09/08/2016 11:32CustomerSo just to clarify - I can give one weeks notice tomorrow, (albeit it part holiday), leave next Wednesday and they should back date my pay rise, pay me for my 3 days next week, BUT as I have taken 10 days leave (if they decide to include the 2 days in March) deduct any overpayment for my holiday entitlement.09/08/2016 11:38Meyes correct09/08/2016 11:49 CustomerOne final thing - if decides I do not have to go back - should I be paid my entitlement up until 17th August as I'm sure he will try and not pay me anything as I have not been at work since 1st August.09/08/2016 11:51Meyes he should
Expert:  Ben Jones replied 11 months ago.

Can you see them above now?

Customer: replied 11 months ago.
I can - thank you for your help
Expert:  Ben Jones replied 11 months ago.

you are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Customer: replied 11 months ago.
Thank you, ***** ***** - depending on tomorrow I may have to contact you again!!
Customer: replied 11 months ago.
If I do need to contact you regarding this, will I have to pay again as I do not wish to have a free trial
Customer: replied 11 months ago.
The reason I do not want a free trial is because I did not realise you could have one and my payment has already been processed. It is only the one payment isn't it even though you have answered several questions regarding this query? Thank you.
Expert:  Ben Jones replied 11 months ago.

It does not appear you are on a subscription so it will just be a one off payment for the whole discussion today. if you need further advice in the future, you will have to post as a new quesiton unfortunately but you can post it for my attention and I will be able to see our history.

Customer: replied 11 months ago.
Does that mean if I contact you Weds/Thurs re the outcome of this, I will have to pay?
Expert:  Ben Jones replied 11 months ago.

it depends on what you need. If you are just coming back to update me or ask a quick follow up quesiton then no you would not have to. But if you need further more detailed advice on what to do next then yes you would

Customer: replied 11 months ago.
Many thanks for your time and help Ben - you can go and have a well earned cup of tea!
Expert:  Ben Jones replied 11 months ago.

you are most welcome...brew in hand already :)

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