Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Does the contract state that they can deduct money owed to you in the event you do not work your notice period?
Do you know what happened with the shifts you were supposed to work during your notice period - did they get someone else to do them?
Contractually you would have been obliged to work your notice period and failure to do so would place you in breach of contract. Whilst that could allow an employer to pursue you for any damages or losses incurred as a result, in order to deduct any of these from your pay they need a specific and clear contractual clause allowing them to do so. It appears that in your case they did have such a clause so potentially it is possible for them to make such deductions. The issue then switches to what deductions they are making and if they are justified and reasonable. They cannot just penalise you for your actions, they are only entitled to make deductions to cover actual losses incurred. So in your case if you did not work specific shifts assigned to you and they had to get a short notice replacement to cover these and ended up paying more than what they would have paid you, then they could potentially deduct the difference in pay. But this is all they can really do, they cannot just deduct the whole amount if they have not suffered such losses, which they are able to justify. If they cannot show what the deductions were for then this can amount to an unlawful deduction of wages which you can take further to get what you are owed.
This is your basic legal position. I have more detailed advice for you in terms of the options you have to pursue them for the money owed, 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
Thank you. 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, all the best