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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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Can my ex employer withhold my pay because I did not work my

Resolved Question:

can my ex employer withhold my pay because I did not work my months notice period and that I owe them holiday pay. I have received a letter from them saying that they will proceed with county court recovery of the over payment of holiday pay if I do not pay them what I owe them. Until the matter is cleared up they will not pay the money they owe me.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Are they withholding salary for a period you actually worked?
Is there anything in your contract that says they may make deductions form salary in these circumstances?
Customer: replied 2 years ago.
yes they are withholding salary for a period I have worked. It does state in my contract that If I do not give the required notice or do not, if required to do so, work my full notice period for reasons that are not acceptable to the company, then the company may, at its absolute discretion, withhold pay and outstanding accrued holiday entitlement for the duration of notice not worked.
The situation was that I gained a back injury whilst at work lifting an over weight box with no weight label on it and it caused injury to my back, after being on sick for 2 weeks I made a decision to terminate my employment with them.
I do not have the money they are trying to claim back. what would happen if they proceed with the county court recovery?
Expert:  taratill replied 2 years ago.
Have you put in any claim in relation to the back injury?
Customer: replied 2 years ago.
not at present I haven't .
Expert:  taratill replied 2 years ago.
How much money do they say you owe them for overtaken holiday pay and how long have you worked there for?
Customer: replied 2 years ago.
the letter I have received from them says-You are contractually required to give one month's notice. however you have not worked this notice (last day worked 21/09/15). You were due to be paid £248.65 in the October salary run, however you have overtaken and been paid on your accrued holiday entitlement by 8 days, therefore the company has made the decision to withhold your pay and offset this against the overtaken holiday amount you owe. We intend to reclaim the remaining balance of £326.98 net and I now request that you make arrangements to repay this amount if not we will proceed to county court for recovery.I have worked there since Jan 2014
Expert:  taratill replied 2 years ago.
Ok thanks, ***** ***** are entitled to withhold the salary as it is quite clear that the employment contract states that the employer has the right to withhold.
Equally if there is an overpayment they are entitled to recover it. If you cannot afford to pay it back in one go then you can make an offer to pay it back in amounts you can afford.
If you have had an injury at work which is not your fault due to their procedures not being correct you can claim personal injury against the company's employment insurers. You should ask your employer to notify the insurer of a potential claim. You can contact your local high street solicitors to see if they can offer you assistance with submitting a claim of this nature.
Customer: replied 2 years ago.
ok, thank you for your time
Expert:  taratill replied 2 years ago.
No problem, I would be grateful if you would take the time to rate my answer.Thank you and all the best.
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