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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47613
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I took unpaid leave a year ago and my employer still hasn't

Resolved Question:

I took unpaid leave a year ago and my employer still hasn't deducted this from my salary what should I do?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

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

Expert:  Ben Jones replied 10 months ago.

What reason has the employer provided for not deducting it as of yet?

Customer: replied 10 months ago.
I have not discussed it with my employer it's just that I suddenly remembered today that the deduction has not been made
Expert:  Ben Jones replied 10 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 10 months ago.

Many thanks for your patience. The best thing would of course be to bring this to their attention. Do not try to plead ignorance or let them forget and then potentially have to repay it in the future. As far as the law is concerned, if they do not deduct it then that is not money you are legally entitled to and they can pursue you for its repayment in the future. You cannot then use a defence that you did not know you had been overpaid for this time and try to keep it as a result so the likelihood is that you will have to repay it if asked. So to save yourself any potential issues in the future, it is best to bring this to their attention now and remind them that you still have that money which technically you should not have. It may be their error which has resulted in it not being deducted but that does not entitle you to keep it. If, after reminding them, they still do not deduct it, I suggest you keep an amount aside in case they eventually come back for it, unless you are happy that you can repay it at any time even without having kept an amount aside.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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