How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Having recenlty worked 2 months and 2 weeks of my agreed resignation

Customer Question

Having recenlty worked 2 months and 2 weeks of my agreed resignation notice period I chose to bring my end date forward with immediate effect because I had accepted and started employment elsewhere with a competitor. I informed my company of this and in return I received an email stating that I was dismissed with immediate effect for "gross misconduct" and would not receive any wages or due commission payments for the period of January 01st to my resignation date. I have today receieved a recorded delivery letter demanding £1087 for a petrol float and expenses, they are demanding payment as "I have no wages to deduct it from", and if payment is not recieved within 7 days they will pursue payment legaly.
Please can you advise me of my position.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you agree that you owe them that money?
Customer: replied 3 years ago.


Hello Ben,


 


The petrol float of £1000 is owed, the remainder I do not know about as they have not detailed it. The wages I that they are refusing to pay me for 10 days is sufficient to cover this amount.

Expert:  Ben Jones replied 3 years ago.
If you did not work the contractual or pre-agreed notice period then technically you are in breach of contract. However, that does not allow your employer to just go ahead and start making deductions from your pay.

It does not matter whether you left in breach of contract or were sacked for gross misconduct - you are still entitled to be paid for any time already worked. You will of course not be paid for the remainder of your notice period but any wages owed for work already completed is due to you.

As long as there is a clause in your contract or any other formal agreement allowing that, your employer can deduct the money due to them from your pay. If there is no such clause then they can't legally deduct it from your pay, even if you owe it to them. That would amount to unlawful deduction from wages. However, if you agree that you owe it to them then you may as well agree t pay it.

If they were to take you to court over this then they will have a hard time proving they have a valid claim. You can also make a counter-claim for the money you are owed and that should cancel the majority of their claim anyway.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 3 years ago.


Hello Ben,


 


Am I safe to state these facts in a letter back to them?, if so how might I phrase it?

Expert:  Ben Jones replied 3 years ago.
Hi yes you can certainly say that in a letter to them. You can use my advice as a basis for drafting a letter. Whilst drafting is not part of our services I am happy to look at anything you have prepared before you send it out.

In the meantime please take a second to rate the service so far, many thanks
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

 


Hello Ben,


 


I apologise for bothering you again but I have today received a response to the letter I sent to my previous employers following your advice last week. Would you mind having a look at the content below and advising me of where I stand please. Thank you very much.


 


Kind regards,


 


Karl Russell.



  1. 1. Refusal to Pay Wages



Although we accept that an employee is ordinarily entitled to be paid wages up to the date of termination, this does not apply where there has been a fundamental breach of contract prior to that date. The act of you commencing employment with Creative Parking Solutions (CPS) prior to 16 January 2013 is such that you have not accrued any entitlement to wages from that date onwards. Based on your own written admissions the latest you commenced working for CPS was 7 January 2013. In the circumstances, we have no comfort that the date given was in fact your start date with CPS. As such we do not feel it appropriate to recognise any period of accrued liability on the part of ParkingEye for your wages for 2013. Hence, we must again draw your attention to the outstanding sums that you owe the company.


 

Expert:  Ben Jones replied 3 years ago.
Hi, they cannot do that. If you had acted in fundamental breach of contract they could have terminated your employment at that point in time and then no paid you for anything going forwards, but they cannot just refuse to pay you for time you have already worked. If that is how they are going to play it then you simply have to advise them that you will make a claim for the owed wages and can proceed in doing so.
Customer: replied 3 years ago.


Hello Ben,


 


How/What should I reply with? Do I do it through the small claims court? Have they grounds for a counter claim?


 


Thank you for your help.

Expert:  Ben Jones replied 3 years ago.
Whilst we cannot draft a response for you I'm afraid you need to use the advice given to contact them and continue asserting your rights. If you were to claim then if you were an employee you can claim in the tribunal, if not then it's the small claims court. They can only counterclaim for genuine losses incurred as a result of your breach, which could be rather limited, if any.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice