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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45286
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I quit my job and gave 1month notice and the employer didnt

Customer Question

hi i quit my job and gave 1month notice and the employer didnt pay me last month wages..what should i do?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Did you work the notice period before leaving?

Customer: replied 3 months ago.
here is the case: security industry and join them 2014 with contract to send me 2yrs college and pay for it with condition not to leave at least not 24months after i finish the course...i finished month ago with the course and i had no choice but to leave because they didnt stick to thier part of the deal,overtime payments,bonuses,salary reviews,payrise etc... so i gave em a 1month notice begging of september and offering to work till my last second as a proffesional,..the next day i send email to office for day off for 4 days later with reply from them not allowed due late notice... but i needed for personal problems regarding seeing my son and i took the day off regardless which week after i received letter that am been sacked with no verbal or written warnings before that! so they didnt pay me around £1800.00..what should i do? is it worth it to go to court?
Expert:  Ben Jones replied 3 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 3 months ago.

Thanks for your patience. the issue here is that you do appear to have taken unauthorised leave from work which can amount to gross misconduct and be a dismissible offence. However, to be fair the employer should have taken you through a formal disciplinary procedure. In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:

· Conducts a reasonable investigation;

· Follows a fair disciplinary procedure, including holding a formal disciplinary hearing

· Has reasonable grounds for believing the employee was guilty; and

· Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.

If they did not follow any disciplinary procedure and simply sacked you then the dismissal is likely to be unfair and you can consider taking this further for compensation, such as pay for the notice period.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the procedure you need to follow if you wanted to take this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Customer: replied 3 months ago.
ok, what should i do next? is it worth it going throuh court? i want to go further.. they left me in very bad finacial situation...my dirct debits bounced,i went overdraft...please advise
Expert:  Ben Jones replied 3 months ago.

Are you an employee or self employed?

Customer: replied 3 months ago.
employee
Expert:  Ben Jones replied 3 months ago.

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.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45286
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 4 other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
Hi Ben
regarding the employment court and the link u have send me.. there are a fees,in mine case are £1200, so if i do win the case are they refundable?
And you as an expert do you think is it worth it? plese advise.
Thanks
Expert:  Ben Jones replied 3 months ago.

Hi there, you will indeed have to pay fees to make a claim in tribunal. If you win the tribunal will usually order the employer to reimburse these. If you just want to claim for notice period or wages then you can take the matter to county court instead where the fees may be smaller. I cannot tell you whether to claim or not - I cannot tell you how strong your case is as I only have limited information so on here I can only discuss the law and your legal options

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