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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48199
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My ex-employer is withholding my salary from working in April.

Resolved Question:

My ex-employer is withholding my salary from working in April. I had been sign off sick for six weeks. My doctor advised me to change jobs as it was too stressful.

In my work (ambulance driver) I had a '0' hours contract and they are now claiming compensation for a total of 8days of unauthorised absence. They are asking me to pay them £1,296.00. But I am still waiting for my salary from April - a total of 81.25 hours at £8.00 per hour.

Can you please advise me.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Why was the absence unauthorised? Please note I am travelling at present so won't be able to reply fully until later this evening. Thanks
Customer:

my doctor note finished on May 26 (bank holiday Monday). I still did not feel 100% and was on the 29 May I handed in one week notice to finish on 5 June. Normally we are allocated our work the night before. They are claiming they have lost work by my not going in. So I cannot see how I have lost them any work.

Customer:

let me just explain abit better.

Customer:

i have been on sick leave due to work related stress since the 29th of april until the 26th of may when my doctor told me i was fit to return to work but that i should change my job and reduce my hours to which i have now done. i handed in my one weeks notice on the 29th of may with a end date of 5th of June. the contact i was given was a no min or max hours contact which i was given on the 10th of march 2013. we receive a text message the night before explaining what we will be working the next day. my ex employer is claiming a figure of £1293.62 for loss of earning due to my unauthorized absence for 8 days between the dates of 26th of may and 5th of June. during the 26th to the 5th i never receive a text before each shift explaining what i would be working the next day. because i never received a work text to say what i would be working i just thought that there wasn't any hours for me. I'm just a little confused at how my ex employer can be claiming a loss of earning because he had to turn down work and hes says it was due to my unauthorized absence when he didn't issue me with any working hours over the period of the 26th to the 5th. i received a letter from him dated the 12th of June explaining that over the 8 days of absence he lost £300 each day which was £2,100 (taken off a day because it falls on a weekend) plus my training cost of £117.00 which would be £2217.00 take away my earning owing to me which is 2217.00- 923.38 after tax and NI = £1293.62 which is the net total he is claiming. does my ex employer have the right to claim this amount from me when really he didn't rota me down to work during the dates in question and my contact states it a no min or max hour. i just don't understand how it can be taken as unauthorized absence when i wasn't given any hours to work and to work my one weeks notice.

Ben Jones :

Many thanks for your patience. I agree that I also cannot see how the employer is claiming this as being unauthorised absence from work. This would be the case where you were expected to work and did not turn up for one reason or another, but for something which was not allowed under contract or by the employer. For example, it could be if you simply went AWOL or took leave which was not pre-authorised. However, you simply gave in your notice period and were available for work, which never came in as the employer exercised its right to give you zero working hours.


 


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.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you ben that has helped me

Ben Jones :

you are most welcome, all the best

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