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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I hired a part time employee, her signed contract stated she

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I hired a part time employee, her signed contract stated she needs to give us 4 weeks notice should an employee choose to leave the company. Also we have employment policies under our t&c that employees are required to adhere to.
Three weeks into her working with us there was a theft in the premises when she was on shift (currently being investigated by Police), this employee refused to return to work after this incident nor did was she willing to give me a clear explanation on what occurred on this this day, whilst questioned over the phone she said she no longer wished to work with us. I quickly reminded her she has to return to work the following day and give us the appropriate notice else she forfeits any outstanding remuneration, she refused and insisted we can use her outstanding two weeks' wages in replacing the device that was stolen during this theft and "forget about it including the police investigation". I went on to quickly get immediate cover for the shifts and replaced the device but obviously the investigation went on with the Police going through CCTV footage.
Three weeks later (on Monday) I received a call from an agency in Wales who this former employee has contacted to resolve a complaint of unpaid wages before it goes to an employment tribunal. I explained all of the above to them and they suggested I seek legal advice on this.
What do I go with this from here please?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you to day. Are you saying, in effect that the employee resigned without giving you notice?
Customer: replied 1 year ago.
Hi Jenny, thanks for your reply. Yes she resigned without giving any notice. I reminded her of items 7 and 12 of her contract of employment (attached) which she signed. She insisted she wasn't returning to work (we also have the phone conversation recorded and saved).
Expert:  taratill replied 1 year ago.
Does the recording you have have evidence that she agreed to forego wages? Did she know she was being recorded?
Customer: replied 1 year ago.
Yes it has evidence that she agreed to forfeit wages. No she wasn't aware of the recording (this wasn't done just for her in particular, we have a call recording application that records all telephone calls so it helped that hers was recorded)
Expert:  taratill replied 1 year ago.
Ok in that case you should respond to say that any unlawful deduction from wages type claim can be defended as you have evidence that she agreed to forego her wages. If you had not go agreement then it would not be possible to not pay her in these circumstances. If she claims you will need to decide whether it worth defending or whether it will be easier / more commercially viable to just pay her. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  taratill replied 1 year ago.
Hello is there anything further you would like to know about this?
Customer: replied 1 year ago.
No I think that's it. Many thanks for your assistance. I'll weigh the pros & cons and decide.
Thanks again
Expert:  taratill replied 1 year ago.
No problem, please remember to rate my answer before leaving the site as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
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