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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48200
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an employee who walked out without giving notice.

Resolved Question:

Hi, we have an employee who walked out without giving notice. He had an argument with our manager. He was given the opportunity of a cooling off period of a week but in the meantime he got a new job. He is owed a week's pay. However, he took 3 weeks paid holidays in April which he wasn't entitled to. Can we withhold his weeks wages to offset the holiday pay he owes us, if so he will still owe us 4 days pay? He has worked for 2 years.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. You may indeed deduct from his final pay any holidays he has taken over his allowance. This would be classed as an overpayment of wages and you are legally allowed to withhold that money. However it will be more difficult recovering the money he owes you on top of that. It may be best to consider writing that off because unless he agrees to repay it, which is doubtful, you have to go to court for that and it may not be worth it for the amount sought.
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
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