Document Actions
Resigned but not paid for additional days worked nor received holiday pay
I worked at a restaurant as an assistant manager. I went out and found a new job after receiving a written warning from my employers. I then gave them a resignation notice. While I was unable, due to the hours of the new job, to continue working full-time, I offered to cover shifts for them (up to 3 or 4 a week), to break the workload of my manager or until they found a replacement. I worked several days for them after my resignation until I was told they would not need me any more. They have not paid me for the extra days I worked nor for some days before I resigned. In addition, I estimate that I am owed roughly 5 days holiday pay since the start of the year, having taken none.
You have a very probably successful claim for the you have hours worked and your holiday pay. Your employer may try to offset this on the basis of short notice but we would seek to argue they would have waived any claim to offset by accepting further work after your notice was given.
In short the hours you put in were worked in good faith and should be paid for. The holiday pay is slightly harder to pursue but it is likely they would probably prefer to pay it rather than face a tribunal claim.
There would be costs incurred in our acting for you to bring a tribunal claim but a solicitor's letter is inexpensive and may show you are serious in the first instance. Please come back to me if you wish to seek more details with a view to instructing us to work on your behalf.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
