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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50138
Experience:  Qualified Employment Solicitor
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I started with a new employee but after four days I decided

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I started with a new employee but after four days I decided the job was not for me. By mutual agreement I left on day five. The day before I left I spoke in confidence to one of my colleagues and advised that I was going to leave and did not expect to be paid. When I had the conversation with the owner the following day, we did not discuss payment. I later found out that I am entitled to be paid and have since requested by email that I be paid for the four days. I did not get a response and followed it up with a grievance letter a week later requesting that I be paid for the four days. I have received an email back stating that I incurred the company a cost for preparing for me to work there (I did not go through and agent by the way) and that I did not give a weeks notice as per my contract. My understanding is this is unlawfully withholding wages. The day I told the owner I was leaving, he did not request I give one weeks notice, he said "I suppose you had better log off then". No where in my contract does it state that they can withhold wages for this reason nor did I sign anything separately. Can I pursue them? Thank you for your time.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did you leave?

Customer: replied 4 months ago.
I started on the 14th November and left on the morning of the Saturday 18th November 2017

Hi there, sorry I was in court by the time you had replied and have only just finished.

You are indeed correct that this likely amounts to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.

Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:

· If it is legally allowed (e.g. to deduct tax)

· If it is to recover an earlier overpayment of wages made by the employer

· If the contract specifically allows for the deductions to be made

· If the employee has given their explicit written consent

If none of the above exemptions apply, the deductions will most likely be unlawful and you can pursue the employer for payment for the days you worked there, even if you had confided to a colleague that you did not expect to get paid.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to pursue them for the recovery of the money owed. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 4 months ago.
Thank you very much. No problem re delay. Even if I didn't work my notice? He is saying I didn't give him a weeks notice even though the conversation ended from his side "well you had better log off then". I handed him my key for the office and that was that. He didn't tell me I had to work my notice. How would I pursue him if he refuses to pay? If it is through court eventually, and say for example I won, would he have to pay the legal costs? I believe there is a starting point through ACAS?

Even if you did not work your notice period that does not allow him to withhold your wages for time already worked so your rights are the same. If you have to take it further it would be best through the tribunal, and you do have to contact ACAS first. If you lost you would not be responsible for his legal fees. Hope this clarifies?

Customer: replied 4 months ago.
Thank you very much. I will rate you as excellent. Just one last question, if it went down the tribunal route, what sort of fees are incurred? If you know at all?

it is free to make a claim and there are no compulsory costs in the process

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you so very much.

you are most welcome