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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47371
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i have an employee has walked out last friday and has not come

Resolved Question:

i have an employee has walked out last friday and has not come to work today.
When she first came to work for us about 4 months ago she had already booked a holiday. when she was on holiday she was paid, and she agreed to work off the hours during a busy period up to xmas. so basicly she still owes us 67 hours work/money.
The question is can i now stop her pay for last week (40 hours) to claim some of this back?.
Thanks
Alan
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. So to clarify she has definitely taken more holidays than what she was entitled to until now?
Customer:

yes

Ben Jones :

You are able to withhold pay for any holidays which have been taken and which the employee had not yet accrued at the time of leaving. Usually the laws on deductions from wages are very strict and there are only a few exceptions, but one is where there has been an overpayment of wages by the employer and in that case the employee’s consent is not needed. You would still need to itemise these in the employee’s pay slip but if they have taken more holidays than they were due, then you can withhold the difference if necessary from their pay.

Customer:

Thank you

Ben Jones :

you are welcome

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