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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Dear Sirs, Our company employed in April a Sales Director,

Resolved Question:

Dear Sirs,
Our company employed in April a Sales Director, and as per contract she should give us 3 months notice aftther the 3 months probation. We had cash-flow issues and we informed in June that her salary payment would be late for 7 days. She took all her allowed holidays within now and she sent us on the 5th September a resignation letter. Informing she would like to give consultancy ro our company from tthe date up to 21st September when she would join the new company.
The point is we hired here, paid a very high salary 70K year, allowed her to woek from home as she had a baby, allowed her to travel with her kids during sales seasonas she was breast feeding, we accomodate her needs as much as the company could. She didnt bring any sales results to her level of job, plus she didnt respect the contract giving 3 months notice in advance, now the compny is suffering as we are in the middle of our sales season with no sales director in charge. We didnt pay yet her August salary as we are calculating her days off. What are our rights to that?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Will your business lose any money if she fails to work the notice period? You ask what your rights are, can you tell me what it is you would like to do? Are you asking whether you are obliged to pay her salary?
Customer: replied 2 years ago.

Dear *****ny,

Thank you for your reply, yes our business will loose money, we invested so much in this person, she used to work for us in the past as a consultant and after she had her second baby she came back and we negotiated her salary and sales season budget, we noticed she asked so many days off which we agreed to compensate her as the sales director job is hard as request travels and presence in fashion trade shows , we have done everything we could to help her stay close to her family, we had an exhitbion in Miami and she brought the whole family and we allowed as long as she was working at the trade show, but we noticed she was not bringing the rsults she promissed buy budget and noticed she asked in August some extra days off as she sai he had her sister and monthe in town, I understood afetr her email, she was doing probably interviews for other companies while working for us.

She bacsically took half of August off and I would like to know if there is any thing we can do to avoid to pay August we just feel she was using our company to feel a gap until getting into a new one...not professional and didnt respect the contract too

Expert:  Jenny replied 2 years ago.
Did you authorise and say you would pay for all of the leave she took in August?
Customer: replied 2 years ago.

Yes I authorise as she requested to travel with her family saying that buyers were aways those days, so yes I authorise it

Expert:  Jenny replied 2 years ago.
Unfortunately the law does not assist you very well in this situation. I can understand why you want to withhold her salary but if you do this she is likely to raise a claim for unlawful deduction from wages and, sadly, she would win.
There is no right to withhold wages because someone has let you down or failed to give proper notice of resignation.
Obviously she is not entitled to pay for any period of notice she does not work. If your business suffers a future loss as a result of her breach of notice, i.e. it costs you any contracts or you will have to pay more for a person to fill her shoes quickly you can sue her for damages to cover those losses. However I think it is unlikely to be the case.
I am sorry this is not the answer you were hoping for but I think in the long term you will be better off without this employee.
If you have any further questions please ask. If I have answered your question please take the time to rate my answer as I am not otherwise credited for my time.
Thank you and all the best.
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