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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi, Were a small business and have an employee who is employed

Customer Question

Hi,

We're a small business and have an employee who is employed with a "zero-hours casual contract". She's been provided with a statement of employment which clearly states that she's required to give one week's notice should she wish to cease the agreement "The Company requires a minimim of one week's notice of termination of this arrangement, where you wish to cease this arrangement".

This evening the employee has emailed me (the employer) stating that she wishes to resign but has not given any reason. I suspect she's not finding the job as expected, although it was properly advertised.

The employee had agreed to work this coming weekend, which is within the next 7 days. Her 'resigning' without giving the proper notice period leaves us in an awkward position, finding someone to replace her for this weekend will be costly.

The employee is owed wages from work completed within the last month, although we feel she should pay / be penalised for not giving the proper notice period as per her contract.

Are we entitled to penalise as she's in breach of contract? Of is it advisable to overlook the fact she hasn't worked her notice period and pay her for the hours worked?

Thanks.
Sam
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How long has she been with you?
Customer: replied 4 years ago.

Less than a month. She signed the agreement on 31/1/13.

Expert:  UK-Justice replied 4 years ago.
Thanks.

You cant deduct wages unless the contract allows you to do so and even then for proper reason.

Resigning early is not that.

People give notice and leave all the time.

In reality unless the person is a high end professional or Director then you generally can not make someone work their notice.

So I am sorry to say that you just have to live with it.

It is not ideal.

But I am sorry you can deduct from wages, as this would be illegal.

Morally you have a case but in law you dont.

I am sorry.


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Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice