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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51170
Experience:  Qualified Employment Solicitor
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I took a new job, and resigned 7 days later due to the

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HelloI took a new job, and resigned 7 days later due to the company and environment not being what I expected. we agreed that I would work 3 more days before going on an agreed holidays for 2 weeks. They did not ask me to come back afterwards. I had a probationary period notice of 3 weeks.
But they don't want to pay me for the days I worked (whilst using the systems I put in place) upon advice of the recruiter who recruited me, as apparently "my leaving had been so disruptive for the company that I was in effect in breach of contract".
Before taking any legal action, what should I write them for them to realise that they have to pay me, as agreed as per the terms of our contract of employment?

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

So are they refusing to pay for ANY of the time you worked there?

Customer: replied 2 months ago.
Hello Ben yes they are refusing to pay for any of the time

These agreed holidays - was it annual leave for which you expected to be paid or did the employer agree to let you go off unpaid for that time?

Customer: replied 2 months ago.
i did not expect to be paid

Simply deciding to leave, even after such a short period of time, is not in itself a breach of contract as long as you have given the required notice period to leave.

By refusing to pay you, their actions amount 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:

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

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

{C}· If the contract specifically allows for the deductions to be made

{C}· If the employee has given their explicit written consent

If none of the above exemptions apply, the deductions will most likely be unlawful. 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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 2 months ago.
thanks will do. Do you have a template letter to make sure I have the right wording?

We do not have templates unfortunately but just use the details mentioned above, there is not much to it apart from saying you are treating this as unlawful deduction of wages and want to get paid what you are due

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