leaving work without giving notice

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rupert7

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i started a new job in june.
in my contract i should get paid the last day of the month.
i have been paid on time twice. Often as late as 2 weeks.
the company is in financial trouble and every excuse under the sun is used for late payment each month.
my contract says i should give 4 weeks notice.
others have left, given notice and not been paid in full yet.
I am critical to the business and they may lose a small amount of money.

is not paying me on time enough reason to cover me if i leave without giving notice?

thanks in advance for any help.
 
If you are looking for social welfare, your employer will be asked why you left. This reason is likely to be accepted by SW at face value resulting in a disqualification for up to 9 weeks. Also this will delay your application considerably if the employer is slow to respond to SW.

From a legal point of view non payment of wages voids the contract and you can pretty much leave at will.
 
You've an understandable grievance - your employer would not be impressed if you turned up two weeks late for work. A by-the-book answer might involve trying to address this grievance with your employer, following whatever grievance policy exists. In reality, it sounds like they are not going to bother paying to try and take a civil legal case if you depart without giving adequate notice, regardless of how this stacks up against your contract.

One small, but I think important point: Don't forget to take all your annual leave.
 
thanks a mil for the replies. i'm not looking for sw as i have another job lined up.

Time said:
From a legal point of view non payment of wages voids the contract and you can pretty much leave at will.
Click to expand...

does late payment also void the contract? (as apposed to non-payment)
payment date of last day of the month is in contract.
 
Given the situation you find yourself in and the attitude of your employer, if you leave without notice, there is not a a lot they can do legally, and it sounds like they have bigger problems to worry about.

I do know of cases of people leaving without notice and the company did nothing as it is not worth it.

However, you should consider the practical problems that this may pose for you.

You might find it difficult / impossible to get any outstanding pay or holiday pay.

More seriously, they could delay or refuse to furnish you with a P45 which could cause difficulty with your new job.
 
Lack of P45 is not a big problem as the tax office can issue a new cert to the next employer.
The big problem will be getting money you are owed.
 
thanks guys. my main concern is whether my employer can sue me for lost earnings dispite the fact that he has broken the contract himself?
 
thanks guys for the great advise.
one last question, i swear!
I am very worried, however unlikely, that he may sue.

I have booked holidays for the first week in march.
If i was to wait until i got paid, supposed to be 29th feb but probably be 3 or 4 march then gave my notice would the first week in march on holidays count of the first week notice?
Also could i then hand in sick notes for the final 3 weeks?
Would that cover me from a legal point of view if he were to sue?
 
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