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when were you due to be paid?
If you are going to make a claim for constructive dismissal then there is little point in making a separate claim now to pursue the money for your last week’s pay or any holiday pay. You would be making the claim for these in the employment tribunal so you don’t want to have two separate claims (and pay separate fees at the same time). Therefore, if you are going to make a constructive dismissal claim, you can include with that a claim for that money and pursue everything together.
If you decided against pursuing a claim for constructive dismissal then you can still make a claim for the money in the tribunal. 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:
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.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
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