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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61161
Experience:  Qualified Solicitor
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My contract say this. I just start 2 weeks ago and I’m

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Hey my contract say this. I just start 2 weeks ago and I’m really worried they will fire me without payment!
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: PAY
Your rate of pay will be £ 23,000 PA
Payments are made four weekly in arrears by bank credit transfer into your nominated bank or building society. The Company reserves the right to alter its payment frequency, or the date when payment is made, or the method of payment on giving reasonable notice.
The Company may recoup any overpayment made to you to meet the costs of settling any outstanding debts to the Company for which you are personally liable (e.g. revenue owed to the Company or such amount owed by virtue of your failure to return hotel property or your having been overpaid). In accordance with the Wages Act 1986 or further legislation superseding the said Act, the Company reserves the right, in the event of losses directly or indirectly associated with your actions, stock deficiencies or money shortages to deduct a sum equal to the said loss, deficiency or shortage from your pay, provided eachdeduction does not exceed 10% of your gross pay payable on that date. Any deduction so made will be made no later than 12 months after the deficiency has been established. Upon termination of employment, any monies such as deficiencies / shortages, cost of two weeks of handover training provided , courses attended during the preceding 12 months including salary whilst attending such courses or being provided with such handover training, outstanding loans or debts, overpayments, uniform and dry cleaning costs etc. will be recovered from final pay as will any reasonable sum to compensate for property or name badges not returned. By signing these Particulars, you provide the necessary authority for such deductions in the above circumstances. Should there be insufficient funds to settle your liability you will remain liable to the Company for any balance outstanding after your final pay.
4. HOURS OF WORK
Your normal hours of work will be 47.5 HOURS PER WEEK (EXCLUDING 30 minute breaks every 6 hours, which are unpaid and do not count as part of you.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Full time employer
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I gave my notice to finish on 22 of December and they are pretty upset

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Why do you think they won't pay you?

Customer: replied 11 days ago.
Sur
Customer: replied 11 days ago.
They did before with another employer and they found someone for my position because they are upset for given my notice so quickly
Customer: replied 11 days ago.
Is anything I can do if that happen?
Customer: replied 11 days ago.
I’m working so I Can’t call

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. As a starting point, if you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

{C}· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

{C}· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

 

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it.

 

You would still eb entitled to be paid for any time you have already worked and for your notice period so at least you can expect these payments, even if you cannot challenge the dismissal.

 

Does this answer your query?

 

Customer: replied 11 days ago.
Yes, thank you! But just to make sure on the contract says this: The minimum period of notice required to be given by either party is 6 weeks during the first three months, increasing to 8 weeks thereafter. By mutual agreement, these notice periods can be waived without payment in lieu of notice. In the event that unsatisfactory references are received, your employment may be terminated without notice.
At the absolute discretion of the Company, payment in lieu of working notice may be made. In the instance of summary dismissal for gross misconduct or failure to serve contractual notice, the right to receive notice and payment in lieu of notice as well as arrears of pay and holiday entitlement will be forfeit. In addition should you fail to serve your full contractual notice or should you fail to commence employment as contracted, you will be legally liable to reimburse the company with liquidated damages at a rate of one week’s pay for each complete or partially incomplete week of your notice period which you fail to serve in breach of your contract of employment. This represents the full extent of liquidated damages that will be pursued against you and reflects the cost to the company of an employee’s failure to work during their notice period. You further agree that in the event that you undertake proceedings against the Company at Employment Tribunal and you are unsuccessful in your application, you will be fully responsible for the Company’s costs in defending such proceedings.
So they still have to pay for the days I work so far?

Yes they do have to pay you for days already worked and as to the notice they can terminate you immediately but they still have to pay you a lump sum for the notice period you are due under contract. Does this clarify things a bit more for you?

Customer: replied 11 days ago.
Yes, perfectly! Thank you very much

All the best

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