Resigning and the obligations

[bluemistake2]

Hi there, my girlfriend recently quit her job, she hadn't in her 2 week's notice just earlier today and they forced her to cover all of her shifts in the next 2 weeks and aren't giving her the money she's owed as she's given notice on it. The other catch is she didn't cover all the shifts so she's "required" to come back in tomorrow till it's done. They made her stay there whilst they abused her and she got out just terribly.

I'm not a genius but in my honest opinion this doesn't seem strictly legal but I'm not certain, if anyone that knows anything about this kind of stuff would be willing to inform me that'd be greatly appreciated. Thank you in advance

 

[DefunctTheory]

It's not.

But fighting it is usually more painful then just shutting up and dealing with it.

 

[Bertylicious]

An employee is technically contractually obliged to work during the period of his or her notice and is eligible to receive pay in accordance with their contract of employement. In practice if a person wishes to leave and not work their notice there isn't much anyone can do about it, but they won't be paid for an unworked notice period.

When you say "they aren't giving her the money she's owed as she [has] given notice on it" what exactly do you mean?

 

[Esotera]

Your girlfriend needs to take this up with the HR department as they should be able to clarify what happens with the last two weeks & getting paid. I would have thought that as she's working she should get paid, so if they lie about it get independent advice from a 3rd party like some form of government agency.

 

[Bertylicious]

Your girlfriend needs to take this up with the HR department as they should be able to clarify what happens with the last two weeks & getting paid. I would have thought that as she's working she should get paid, so if they lie about it get independent advice from a 3rd party like some form of government agency.

IT depends whether or not part of the money is based on bonus or commission. If it's extra to "basic" pay.

Shift premiums are, to all intents and purposes, considered basic but organisations can have rules and criteria that need to be met in order to qualify. Some people's contracts can end up reading like the rules to Go Johnny Go Go Go Go but normally roles that incorporate shifts, retail, logistics and such, tend to come with very basic contracts. You may need to reference the site/company rules in the employee handbook, if such a document exists.

If no such document exists and the contract does not specify then you revert to custom and practice; i.e. what was paid in the preceeding pay periods.

OP: If your girlfreind has been employed for less than 2 years then she won't have the right to take the employer to tribunal, however she does have the right to take the employer to small claims court. I'd advise referencing the aforementioned material to verify whether the Company is operating whitin the contract of employment and, if not, contactig them to try to resolve the issue amicably before resorting to legal action as it is a massive ball ache.

 

[bluemistake2]

Thank you all very much for your information. Greatly appreciated.