Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Did you work the notice period before leaving?
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.
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
Are you an employee or self employed?
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
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