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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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A pub employee has been caught systematically stealing from

Resolved Question:

A pub employee has been caught systematically stealing from the cash register - with CCTV evidence linked to the cash register. Employee warned, then suspended and police informed. She has decided to leave. Are we the employer entitled to withhold final pay and holiday pay as part compensation for the amount stolen.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.

Hi my name is ***** ***** I am a solicitor specialising in employment law and I am happy to help you today.

Unless there is a clause in her employment contract which allows you to retain/ withhold pay and holiday pay or she agrees that you do so then technically she could bring a claim of unlawful deduction from wages/ breach of the working time regulations and would win as the rules do not allow you to do this without consent or a contractual right.

Perhaps from a practical point of view you could withhold and see what she does next. If she were to start ACAS early conciliation (pre-claim process) then you would be better off settling. That way , in the event she doesn't claim, you will be better off.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.

Expert:  Jenny replied 1 year ago.

Hello is there anything else you would like to know as I can see you have not yet rated my answer.

If you have all the information you require please remember to rate my answer as I am not otherwise paid for working on your question. Thank you and all the best.

Customer: replied 1 year ago.
Thank you Jenny, very helpful. Could you give me a clause for the contract that would have covered this (it's not a cash register or stock shortage, or customer leaving without paying). For the future.
Customer: replied 1 year ago.
I asked a follow-up question yesterday but have not had a reply.
Expert:  Jenny replied 1 year ago.

I can but I will need to charge to draft a clause of this nature. I will offer it as an additional service.

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