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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have 2 employees who walked off site on 28th September,

Customer Question

I have 2 employees who walked off site on 28th September, they have worked for me on a 3 mth trial,in this time I have waited for there p45s before registering them as paye. Which I didn't get. This has been done and there payslips given with only what stoppages shown from working for my company . On walking off I have terminated there employment. They have been paid upto the day they walked. Do I owe them any payment or holiday pay?
Submitted: 1 month ago.
Category: Law
Expert:  Jenny replied 1 month ago.

Hi my name is ***** ***** I am happy to help you today. When they walked off site did they say it was their intention to resign or are you terminating their employment because they refused to work?

The difference in this will depend on whether they are due notice or not. IF you have terminated them then, as they have been employed over 1 month, they are entitled to a weeks' notice pay. If they have decided to leave and declined to work notice then no notice money is due.

If they have not taken annual leave then they are entitled to a payment of accrued untaken holiday pay. The minimum is 28 days per annum so you will need to pro-rata this down for the number of weeks they have worked.

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

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