Penalties for not working my notice period?

unreggd

I'm handing in my notice tomorrow, as I'm leaving due to unfair working conditions.[Suffered by everyone I work with]
My notice period is one week, and I've been there about 12 weeks

I signed back up with a promo agency and they want me to work on Wednesday, but im rostered to work on Wednesday, then have a store day on thursday. Within my notice, Thurs would be my last day to work

If I only work up until Monday [rostered to me off Tuesday], can they penalise me for not working the Wednesday?
I'm only a cashier so I'm not hard to cover

I dont care about holiday pay, or my reference, but some have said they can refuse to give me my last weeks pay

Can they legally do that? Especially when I'm leavin due to unfair treatment/conditions
A lot of the unfair conditions are blatantly illegal, so I'm hoping they wouldnt risk makin a fuss over me


Cheers

gerrycollins

firstly as you are there less than 13 week there is no notice period to speak of.

they cannot withold your last week wages but they might make life difficult.

you can hand in your notice today and never come back and nothing they can do about it

Wishbone Ash

As Gerry says, there's little they can do. We have staff leaving regularly who give one day's notice and they may have been with us for several years.

Eoin

gerrycollins wrote: »

firstly as you are there less than 13 week there is no notice period to speak of.

Surely that's only if no notice period has been agreed upon?

seamus

eoin wrote: »

Surely that's only if no notice period has been agreed upon?

Correct. If you have agreed upon a notice period of one week, and you've been working there less than 2 years, then one week is your notice period.

gerrycollins wrote: »

they cannot withold your last week wages but they might make life difficult.

It depends on what he means by "last week's wages". If he doesn't work his notice week they do not have to pay him for it. But they cannot withhold any other wages under any circumstances. They also must pay holiday pay (though they may be entitled to declare his missed notice days as holiday days) and issue his P45 next Thursday.

Wishbone Ash wrote: »

As Gerry says, there's little they can do. We have staff leaving regularly who give one day's notice and they may have been with us for several years.

They're entitled to sue for breach of contact and seek to recover any cost to the company of that breach of contract - e.g. if they had to get extra staff in at double time to cover his shift. In reality this is normally far more hassle than it's worth unless the employee is on big money or has a very specialised position.

J.Ryan

When you started work, you should have received a letter outlining your terms and conditions, a notice period should be on that, usually, so is a sentence stating you have a probationary period of X, during which there is no notice period.

If you did not get such a letter lodge a complaint to the employment appeals, if they don't pay you for any time worked or holidays earned (13 weeks worked should have gotton you an entitlement of 5 days - plus any days in lieu of bank holidays)


I saw somebody take a case to the Employment Appeals Tribunal where they weren't given their terms and conditions of employment in writing and they were awarded €1,000.00 as a result.

Its also an offence (to the best of my knowledge) for an employer not to issue a reference when asked for it, I know you said that you didn't care about it, but ask, in writing for one.

Eoin

J.Ryan wrote: »

Its also an offence (to the best of my knowledge) for an employer not to issue a reference when asked for it, I know you said that you didn't care about it, but ask, in writing for one.

That is not the case - there is absolutely no obligation to provide a reference.