Working a week in hand

[OliverLuke]

Hi, I am hoping you can help.

I work part time on the side of my business.

I work at a local restaurant and get paid weekly.

When I started they made me do a week in hand, I did not get paid and they said I will get the money when I leave.

Time has passed and my business is making me money meaning I can leave my job, I told them of my intentions to leave and they said I have to do another month in order to get the money I worked for when I started.

Do they have a legal right to do this?

Thanks
Oliver

 

[Richie N]

What notice period does it state on your contract?
Legally they have to pay you regardless but you should give them notice.

When you say "a week in hand", it's actually a week in arrears, if you work from yesterday until this Sunday, then you usually get paid the following week (most likely Friday).
They don't keep that week as you would have been paid it before (well hopefully), therefore when you leave then you will receive your final week's pay a week after you have left.

 

[OliverLuke]

What notice period does it state on your contract?
Legally they have to pay you regardless but you should give them notice.

When you say "a week in hand", it's actually a week in arrears, if you work from yesterday until this Sunday, then you usually get paid the following week (most likely Friday).
They don't keep that week as you would have been paid it before (well hopefully), therefore when you leave then you will receive your final week's pay a week after you have left.

I think my contract says your notice is a month.

They have a weird way of working it, basically I get paid every saturday. What ever hours I do during the week get added up and I get paid cash on the saturday. I then receive the paperwork at the end of the month stating what I earnt.

'The week in hand' means I did a weeks working without being paid for it, I reached the saturday 'usually pay day' and they said this week was your week in hand and you will get it when you leave.

Now I want to leave they wont give it me until I have done my months notice.

 

[Richie N]

Seems strange to me.
If the contract states a month's notice then you should give them a month's notice.

 

[OliverLuke]

Can anybody help?

 

[arcon5]

You have a contractual obligation to offer up a months notice. When your business gets up and thriving to the point of hiring staff - how would you like being on the other end of the stick, having staff agree one contract the doing something else?

I don't know what they can and can't do as far as employment law is concerned, but I do think your actions are cheap.

 

[Blue Steel]

As I see things you have a choice,

Abide by your contract and give one months notice.

Or walk out, loosing your "first weeks wages" dropping them in it without time to find a replacement, doing this IMO isn't the right thing to do given they have given you an income that's tied you over whilst building your business.

What goes around comes around, leave on good terms, you never know when you might need a few shifts.

 

[MancunianCreative]

This needs looking at in two parts.

The first part is the wage. That shouldn't be held until you leave. If it is a week in arrears it should be paid as such, not held over for an indefinite amount of time.

The second part, the notice, they are certainly entitled to ask you to work your notice as it is contracted. I would consider getting some advice to ensure you aren't screwed over with that first weeks wage. I hope you kept all your paperwork AND that that first months wage doesn't say they've paid you that week, as it being cash payments you won't be able to prove you didn't receive it.

 

[OliverLuke]

Thanks guys,

I have no intention of walking out, I am happy work my notice, I was just wondering if they had a legal right to do what they are doing

 

[Richie N]

Are you paid a salary or hourly rate? (I am guessing hourly rate by what you said previously?)
They cannot withheld wages but it's worth checking what it states on your contract, as it may state that they will withhold the first week's wages and if you've agreed to this, then there isn't much else you can do.