Holiday pay after dismissal

[charleneweeooo]

Hey guys you may or may not have seen my post earlier this week about me getting fired on the spot after being verbally abused by my boss... But anyways I was just wondering if anyone could help.

Tomorrow I'm going to visit my (ex)boss to ask for my holiday money that Im due. I've calculated exactly how much I should be getting (£201) And because I got fired on the spot without a weeks notice I should be getting paid in lieu of notice (£153). My main question though, is that if my boss refuses to give me my money (he most likely will, he is VERY unprofessional), does anyone know what I could do next? I can hardly pay fees for a tribunal and to be quite honest don't want it to come to that! But I just want what I'm due. Has anyone ever been in a similar position and could even give me any tips or whatever before I go in? Thanks

 

[lauren27]

Just go on line and check out what you can do Google is a great search engine for finding out virtually anything. If you really want to shake him up and he won't entertain you call a no win no fee solicitor first and talk to them. Then go in prepared. Hope this helps.

 

[xXcharleyXx]

Hey guys you may or may not have seen my post earlier this week about me getting fired on the spot after being verbally abused by my boss... But anyways I was just wondering if anyone could help.

Tomorrow I'm going to visit my (ex)boss to ask for my holiday money that Im due. I've calculated exactly how much I should be getting (£201) And because I got fired on the spot without a weeks notice I should be getting paid in lieu of notice (£153). My main question though, is that if my boss refuses to give me my money (he most likely will, he is VERY unprofessional), does anyone know what I could do next? I can hardly pay fees for a tribunal and to be quite honest don't want it to come to that! But I just want what I'm due. Has anyone ever been in a similar position and could even give me any tips or whatever before I go in? Thanks

Contact ACAS and speak to them before you go see him, you may only elevate the situation, they will deal with mediation and contacting him on your behalf and they don't charge if they then advised you to go to tribunal go with a no win no fee.

however as harsh as he was and unprofessional towards you, given the circumstances you described he could have grounds to instantly dismiss you without notice if he claimed he dismissed you due to theft of the colour to have your hair done without his permission (Gross Misconduct) it all depends on what he says and the tribunal at the time on whether they pass it as gross misconduct on your part or not.

If this is the case you wouldn't be entitled to your weeks notice pay. He can also deduct any days off over Xmas Newyear and bank holidays that you haven't worked as part f your holiday allowance as these can be included in your holiday allowance.

Sorry if that sounds harsh but I don't want to hype you up to go to tribunal when it could be viewed as gross misconduct and therefore within his rights

X

 

[EmilyBritten]

I have been in this position twice!
Write a letter because that is a legal document and he can not ignore it

 

[xXcharleyXx]

I have been in this position twice!
Write a letter because that is a legal document and he can not ignore it

Make sure you give him a time frame to respond in usually 28days and get a copy of your letter along with proof of postage or better still recorded delivery so you know he has received it

However ACAS will send these letters for you
Regardless of you not having a contract because he paid you a wage you have legal entitlements

 

[libbylou]

Def ring acas, you may be surprised how quick he then pays up. I doubt very much he will pay you your notice, as he sacked you (in the most dreadful way).And it costs so much to go to a tribunal, i doubt very much you will find a solicitor to take it, for just a few hundred pounds. xx

 

[charleneweeooo]

Thanks everyone. Will defos be contacting acas in the morning! Like I said I would never take it to a tribunal anyways, too much hassle for everyone and I know i did do wrong! And with regards to the colour 'theft' I would highly doubt it would be seen as gross misconduct as i - and all employees - pay him for getting our colour done (it's because I never asked first on that particular day). I doubt I would get my notice money but I may as well mention it! I'll just need to hope for the best and to be honest, I mostly just want an apology for the disgusting language since I could give him one! Xxx

 

[xXcharleyXx]

"In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it."

Due to you not having consent it is likely that it would be seen as gross misconduct as the proprietor of the business didn't give permission for you to purchase the service at that time, he could of been saving the colour for a specific client to make money.
did you also patch test 48 hours previous to the colouring service? If not he could claim to have dismissed you for failing to follow health and safety etc these are all reasons a good lawyer could look at and use in his defence.

Like I said speak to ACAS however I highly doubt you will receive your notice pay given the circumstances

 

[charleneweeooo]

Thanks. Like I said, a tribunal would be totally out the question. I really just want an apology since I could give him one and my holiday money since I did earn them. In regards to a patch test, I didn't and to be honest he would stick himself in it as I doubt he even knows how to do one never mind do them on clients! Lol. I just want what I'm due and for the whole thing to be over with