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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48208
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My granddaughter recently left her job after a 3 year apprentice

Resolved Question:

My granddaughter recently left her job after a 3 year apprentice period. She gave 2 days notice, her boss said she should have worked a weeks notice so he has not payed her for the previous weeks work or the two days before she left..Is he within his rights to do this?.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you also tell me was there any holiday pay due.
Customer: replied 2 years ago.
No.
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays.
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. It is correct that an employee with more than a month’s service must give their employer at least a week’s notice on termination, unless a different notice period was stipulated in their contract. However, failure to give that notice period does not give the employer the right to withhold their wages for time already worked. This would only be possible in limited circumstances if there was a contract in place which contained a specific clause allowing them to do that in these circumstances. In the absence of such a specific clause the employer’s actions would most likely amount to an unlawful deduction of 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;• If their contract specifically allows for the deductions to be made; 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. 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-tribunals2. 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: ***** ***** 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 trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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