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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48194
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi my names james wallace i left my job on sunday the 23 march

Resolved Question:

hi my names james wallace i left my job on sunday the 23 march i no ididnt do my notice and she is still due me money and i havent got my p45 yet where do i stand with them and i dont get on with them
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why did you not work your notice?
Customer:

Her attitude was all wrong as she isnt peoples person there is a very hight turn over with the staff I have 2 wee girls 5 and 4 my wee one has downs and the wife wasnt well and I had to take the day off I phned them and told them when I phned to go back to work she say I had to go in on the friday then she proceed to say that I dont emply ur wife and what would she do if she was a singel parent

Ben Jones :

Hi sorry I was offline by the time you had replied. Are you owed money for work you have already completed?

Customer:

She has said that I am only due 15 hr and I dun 40 and she has still got ma p45

Ben Jones :

So as far as you are aware how many hours are you owed for?

Customer:

40 hr thats what we get paid for and I worked wed thur fri satu sun 5 days

Customer:

And she says that she has been at acas

Ben Jones :

This potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.


 


Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:



  • If it is legally allowed (e.g. to deduct tax);

  • If it is to recover an earlier overpayment of wages made by the employer; or

  • If the employee has given their explicit written agreement for the deductions to be made.


 


If none of the above exemptions apply, the deductions will most likely be unlawful. This also includes you leaving without serving your notice period – it would not automatically entitle the employer to deduct your pay to cover your notice period and all they can do is make a separate claim for you but only if they have actually suffered genuine losses.


 


In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.


 


If the employer does not return the money as requested, the following options are available:



  1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

  2. Small Claims Court – this is an alternative way to claim and the advantage is that the time limit is longer and is usually used if you are out of time to claim in the Tribunal. More information on claiming here: http://www.scotcourts.gov.uk/taking-action/small-claims.


 


Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.


 

Customer:

Thanks for ur help hopefuly it dosent go anyfurthere

Ben Jones :

I hope so too, all the best

Ben Jones and other Employment Law Specialists are ready to help you