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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50206
Experience:  Qualified Employment Solicitor
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I have recently given one weeks notice to my employer with a

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I have recently given one weeks notice to my employer with a note to be kept on as bank staff I have worked for this employer for 7 years Now HR have said that my manager has said to keep me on bank but not to work at the place I worked in , but other homes ,HR have said because I haven't given them 4 weeks notice I have to repay 3 weeks pay ? Yet Ime still employed on bank I don't understand this .is this correct thankyou Liz taylor

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

Do you have a contract which stipulates how much notice you must give?

Customer: replied 4 months ago.
4 weeks but only gave 1 and asked to be kept on as a bank staff member

Thank you. Being an employee and being on the bank are two completely different things. You cannot transfer your rights and liabilities under a contract of employment to that of working on the bank. It does mean that if you are required to work a specific notice period under contract as an employee you must do this or you will be in breach of contract. You cannot tell the employer you are only working part of the notice period as an employee and then going on the bank. They can expect you to work the full 4 weeks as an employee and for you to continue to observe your contractual obligations as an employee.

If you have not given them the required notice period, you will potentially be acting in brach of contract. However, that does not mean they can dock your wages for the remaining part of the notice period. Of course they do not have to pay you for it if you have still not been paid, but they cannot deduct money from wages already paid to you or due to you for the time you have already worked up to the time you left their employment. In other words they do not have to pay you the 3 weeks you did not work the rest of the notice period but they cannot penalise you by not paying you for the 3 weeks leading up to the time you left them.

As to the choice of where to send you once you are on the bank, that is entirely up to them. They do not have to keep you in the same workplace and you get very few rights in that respect once you go on the bank.

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 options you have in the event they fail to pay you correctly. 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

Ben Jones and other Employment Law Specialists are ready to help you

Thank you. If they fail to pay you correctly then this potentially amounts to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.

To take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. Before making the claim ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.

Customer: replied 3 months ago.
Thankyou Ben I have just received my wage slip with nothing onitapart from a tax rebate ! No hours worked ,no tax deductions or anything so basically what do I do next ? Thankyou

Hi there at this stage I suggest you send them a letter reminding them that what they have done likely amounts to unlawful deduction of wages and give them a set period within which to pay you. After that if they have not paid you should contact ACAS to start the conciliation process.