Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long has he worked there?
Did the letter he received state his leaving date had been extended?
ok will reply shortly, thanks
First of all it is not illegal to hold more than one job at once – many employees have more than one job at the same time and it is perfectly legal as long as they pay their taxes in each job. There may be a specific contractual term requiring an employee to seek their employer’s permission before they hold another job whilst employed by them but this is just an internal issue, not a legal one.
As far as his position is concerned, there was a formally agreed end date which was mutually agreed between both parties. Unless this was extended through mutual consent it would be the official end date as originally agreed. They may have tried to extend it themselves without his agreement but they cannot do so unless he had also agreed to it. So as far as he is concerned, 23 Aug should be his last date of employment still. Just because he remained off sick during the notice period does not mean it is automatically extended – an employee does not have to be in at work for the notice to be valid, someone can stay off sick for the full duration of the notice period without it being extended.
So he is not working illegally for the new employer. They cannot withhold his pay for time already worked because of this so he would be due his normal pay and any sick pay up until the pre-agreed termination date. If they fail to pay him then that would amount to an unlawful deduction of wages and he can pursue them further to get this back.
This is your basic legal position. I have more detailed advice for you in terms of the steps he can follow to take this further if he does not get paid, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
the letter is fine, perhaps leave it for a few hours then go back to it just to let your emotions cool down and absorb the position as I have advised then do another version.
As far as taking this further if he is not paid, 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-tribunals
2. 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: www.moneyclaim.gov.uk.
Hopefully by 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.
you are welcome, best of luck