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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60453
Experience:  Qualified Employment Solicitor
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A friend was on zero hour contract with a company. He worked

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A friend was on zero hour contract with a company. He worked about 40 hours before he had a personal problem and told the duty manager that he wouldn't be in work. He carried on with his personal issues and did not return to work. He has no intention of doing so.Today was pay day and he did not get paid. He called the HR lady who said to him that because he didn't resign from his job, he cannot be paid the hours. He then emailled a resignation but the HR lady refused to accept it.As far as I am aware, there is no lawful reason for him not to be paid. He is on zero hours anyway so he should have been paid for the hours he had worked. I also understand that an email is the same as a letter legally.I told my friend to call HR and say that not paying him his hours worked was illegal and he should have been paid. I think the HR lady is covering her back because she has now said that he cannot receive his money until 10 November, the next pay day and he'll get his money and P45 then.I know, from working in Payroll, that an out of cycle payment can be made. The problem is, HR are currently refusing to do so.I'd like to know what we can say to HR to push them to doing what's right.

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

This will most likely amount to an unlawful deduction of wages. First of all, as a zero hours worker he has no obligation to accept any work offered to him, so even if the employer wanted him to continue working he would have said no without resigning.

 

Secondly, it is not legally required to resign in order to get paid for hours worked.

 

Thirdly, an employer cannot refuse to accept an employee’s resignation.

 

As he has done the work, he has the right to be paid, not only contractually but legally as well. If they do not pay him, he can make a claim in the Employment Tribunal and needs to contact ACAS first to start the process.

 

Does this answer your query?

Customer: replied 5 days ago.
That's great, thank you for coming back to me so quickly. Obviously we'd like to avoid ACAS, but if my friend talks to HR can they insist that he wait until November 10 payday, or can he push to have payment made now?

Strictly speaking, once the employment terminates, he should be paid within a reasonable time, but some employers wait until the next pay date as that is the only time they do a pay run. I would say wait until Nov if possible and if that has not resulted in a payment - start the claims process

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 5 days ago.
Thanks.

All the best