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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49838
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If an employee leaves without working out their notice, can

Customer Question

If an employee leaves without working out their notice, can I as an employer withold the pay for the time worked after notice?
She was supposed to give one month but gave only a week and then left dispite the fact I didnt agree to one weeks notice.
She has asked to forfeit her holiday pay which is only about one day at the most but I am not sure I can legaly do that?
I am disgusted that an employee who has been with me for seven years can just leave after just one weeks notice, it has caused so much grief.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know if there is anything in her contract that says you can stop her pay in that way?

JACUSTOMER-ysosvs9m- :

No sadly their isnt, but the comapny handbook clearly states that a months notice is required

Ben Jones :

I am afraid that you cannot dock this person pay for the time worked after notice. To do so you need a clear and specific right in the contract allowing you to make these deductions - if you do not have such a clause then your actions would amount to unlawful deduction of wages. Whilst the employee is in breach of contract themselves by not working the contractual notice period they are required to, that does not give you the right to stop their wages for time already worked.

If you wish to pursue this matter further all you can do is make a breach of contract claim in the county court but you will need to show that you have actually suffered losses as a result of their actions. For example if you were forced to seek a short-term replacement to cover their duties you could seek compensation for the costs involved in that.

You can also not refuse to pay her for holidays which have already accrued by the time she left. You do not have to pay her for holidays which would have accrued during her notice period but those that have already been accrued must be paid.