UK - Does my employer have to pay for my work during my notice period?

Question

I recently handed in my notice after accepting a job offer from a competitor for a significant pay rise (although that wasn't my only reason for leaving). The notice period at my current place of employment is four weeks.

Although I have always been frugal and saved a lot of money, my family recently experienced an emergency, so I am currently living paycheck to paycheck (emergency ate up my savings).

I am due to get paid on Tuesday and am my last day of work is Wednesday.

I'm not sure if I'm just being paranoid, but I have a thought in the back of my mind that I won't get paid on Tuesday as my employer did not take my leaving very well.

By Wednesday, I will have worked my full notice period. If I don't get paid, I may potentially be in some financial trouble. Here are my questions:

1. Is my current employer legally obliged to pay me for my work during my notice period?
2. What action can I take if he doesn't pay me? Tribunal, Citizen's Advice, etc? Is this a complicated process? Will it cost me anything? How long will it take to get paid?
3. I know this is a tricky one as you don't know the chap personally, but from a business point of view, do you think he will pay me?
4. This one is slightly off-topic, but I have only taken three days of holiday this year. Is he obligated to pay me for the statutory holiday I haven't used?

EDIT: Thought of another question:

5. If he doesn't pay me, what would be the legal implications if I threatened him (to poach his clients, for example)? Is this a bad idea?

Answer 1

Your employer absolutely must be you for every day you worked, up to and includng your leaving day, plus in the UK payment for any holiday that you haven't taken, minus payment for any holiday that you have taken beyond what was due to you. (Say you have 24 holidays a year, and you worked for three months earning six days paid leave, if you took 2 days off they owe you four days, if you took 10 days off you owe them four days).

I think the payment date is not when your job ends, but the normal date when everyone else gets paid. So if everyone gets paid on 30th of June, and you leave on the 20th, they only have to pay you on the 30th (I think) like everyone else, but they have to pay for the 20 days.

From a business point of view, he will pay, because if he doesn't, you take him to court and he'll pay your wages plus all the cost involved.

"If he doesn't pay me, what would be the legal implications if I threatened him (to poach his clients, for example)? Is this a bad idea?" Absolutely yes. Very bad idea. Don't do it. Two wrongs don't make a right.

"If your contract gives you at least one week's notice more than the law gives you, you lose your legal right to be paid during the whole of the notice period." That's only when you don't work. If you work, you must be paid.

Answer 2

Yes they are obliged to pay you.

If they don't go to your citizens advice bureau for further advice. Not from the UK but I believe citizens advice bureau is free and (relatively) quick. Though if you are living paycheck to paycheck likely not fast enough to avoid feeling some pinch.

It would take a super shady employer to try to deny you pay for weeks of work. Is your boss super shady?

I don't know about vacation payout in the UK but I would suggest consulting your contract to see if this is specified there.

It would be a bad idea to threaten underhandedness towards him. This makes you look bad when it comes out if you end up going to arbitration for withheld wages.