Is worker owed pay?

[rachaelb]

Hi
Think we know the answer but just wanted some views. My friend had an apprentice who worked her week in lieu when she started, the girl went sick before Christmas, didn't bring in a sick note, then the second week nothing was heard from her despite countless attempts to contact her. Last week my friend received a e-mail via facebook asking if she could come and collect her scissors and is she owed a weeks money and could she have it? We replied saying it would be looked into and she has since asked again. The contract was a weeks notice. Opinions on whether she is owed this week or not would be helpful as she just walked out with no word!!
It amazes me she left it all this time!

Rachael

 

[fozzyo]

No idea on employment law. But your best option would be to seek professional advice, does your insurance provide Legal advice? Or if you are a member of the FSB (Federation of Small Businesses) call their legal helpline and they will be able to advise.

Make sure you stand your ground, these things can get ugly ... so take advice, and stick to it.

Good luck!

 

[catsaremad]

or give acas a call on 08457474747

 

[Velveteen]

An email via Facebook. Doesn't anyone use the phone these days?

If you have a standard employment agreement with her and she has abandoned her workplace then she is in breach of contract and, as such, her entitlement would cease at the point which the breach was thought to have commenced.

And I'd tell her that you can't find any scissors belonging to her. :twisted:

 

[Donny88]

And I'd tell her that you can't find any scissors belonging to her. :twisted:

That is twisted, but I love it haha .

I cant believe this started at christmas. Like catsaremad said, try acas.

 

[-sophisticutz-]

Even though she has left with no notice you still have to pay her that week in Lieu and any holidays owed up to the day she left. I had the same happen to me a few weeks back, it's the law I'm afraid. An employee is not required to give you notice but you have to give them notice if you want them to leave.

Employment law is written for employees not employers

 

[rachaelb]

Thanks all for your replies. Will ring acas first thing. I am not sure what if there is legal help on the insurance. I feel she will end up getting the money but it seems ridiculous, why say employees need to give notice then have to pay them if they don't anyway?
As for the other comments I agree! Why she cant ring is beyond me, and why now after so long! The girl in question lives close to the salon and would certainly pass it enough times by now shopping etc... why not just pop in!

 

[tog]

I had an employee do a similar thing to me a couple of years ago ( ie disappear with no notice then refuse to answer phonecalls), then a few weeks ago the prison service contacted me saying she'd given my name as a referee for a job application!!
I was speechless! Cheeky cow!

 

[Velveteen]

I was in a situation where the employee left without notice which constituted abandonment and was therefore in breach of contract. Of course there are laws in place but that doesn't mean they can't be challenged (with the help of a good lawyer) and that you won't be successful.

I had an employee do a similar thing to me a couple of years ago ( ie disappear with no notice then refuse to answer phonecalls), then a few weeks ago the prison service contacted me saying she'd given my name as a referee for a job application!!

HAHA! That's gold! Maybe her disappearance had something to do with the possibility that she was a guest of Her Majesty's Prison Service at the time! At least she didn't ask for her old job back. *LOL*

 

[rachaelb]

I had an employee do a similar thing to me a couple of years ago ( ie disappear with no notice then refuse to answer phonecalls), then a few weeks ago the prison service contacted me saying she'd given my name as a referee for a job application!!
I was speechless! Cheeky cow!

Can't believe how cheeky some people are! Just spoke to acas and they said it is basically up to the owner. The girl is entitled to money for work done, which would include week in lieu plus holiday accrued, but not the notice money as she was in breach of contract, but ... They said a worker has 3 months to claim money owed and we are past that deadline now, so her only option would be to get legal involved and for a weeks money would she do that, but do we want peace of mind and just pay her.

 

[collin]

employment law is a complex beastie and as has already been mentioned is geared to protect the employee more than the employer....in some cases quiet rightly to as an employee is in theory the underdog and the laws here in the UK are geared to protect the underdog more than the one on the opposite side of the fence that has large resources at hand.

Acas is by far the best route..its free and if you follow advice given you have a far better chance of not finding yourself in front of an industrial tribunal

Good luck with this :hug:

 

[Blue Rose]

Definately agree about ACAS. I had to phone them yesterday about an employment matter & they were very helpful.