How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47881
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I recently resigned from my job on 14th April and did not work

Resolved Question:

I recently resigned from my job on 14th April and did not work my 1 weeks notice. I should have been paid today for the work from 1st to 13th April by BACS but I have not. The directors that I informed of my resignation (by email) have not made any contact with me, however, another colleague emailed (my personal email account) to say that they are sorry to hear that I have resigned so obviously they have received my resignation.

Any advice would be greatly appreciated

Adam Burgess
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me what your contract states about your notice period please
Customer: replied 3 years ago.

it says that "this contract may be terminated by written notice by either party giving one week's notice"


 


This was my contract that was sent to me for a contract period to December 2013. I know that a new contract was drawn up to extend my contract to July 2014 but it was never actually sent to me and I have never officially seen it or signed for it. It was only an ammendment to the end date of the contracted period and mentioned no changes to any other terms of the initial contract.
Just to let you know in case this has any impact on your response.


 


thanks


 


A

Expert:  Ben Jones replied 3 years ago.
OK thank you, XXXXX XXXXX it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 3 years ago.

Thanks Ben


 


Look forward to your response

Expert:  Ben Jones replied 3 years ago.
Thank you
Expert:  Ben Jones replied 3 years ago.
Many thanks for your patience. You were contractually obliged to give the employer 1 week's notice of termination, which you have failed to do. That would place you in breach of contract. However, that does not allow the employer to refuse payment for time already worked up to the date of your actual termination. If they do not pay you the amount owed that would amount to an unlawful deduction of wages, which you have protection against. The only time they can justify withholding your pay lawfully is if the is a specific clause in your contract allowing them to deduct pay from your wages to cover the specific breach of contract you are guilty of. In the absence of such a clause, the deductions would be unlawful and you can take the matter further.

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. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.

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.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:

www.justanswer.com/law/expert-ben-jones/
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Expert:  Ben Jones replied 3 years ago.
Hello Adam, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you