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Ben Jones
Ben Jones, UK Lawyer
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Having recenlty worked 2 months and 2 weeks of my agreed resignation

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Having recenlty worked 2 months and 2 weeks of my agreed resignation notice period I chose to bring my end date forward with immediate effect because I had accepted and started employment elsewhere with a competitor. I informed my company of this and in return I received an email stating that I was dismissed with immediate effect for "gross misconduct" and would not receive any wages or due commission payments for the period of January 01st to my resignation date. I have today receieved a recorded delivery letter demanding £1087 for a petrol float and expenses, they are demanding payment as "I have no wages to deduct it from", and if payment is not recieved within 7 days they will pursue payment legaly.
Please can you advise me of my position.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you agree that you owe them that money?
Customer: replied 5 years ago.

Hello Ben,


The petrol float of £1000 is owed, the remainder I do not know about as they have not detailed it. The wages I that they are refusing to pay me for 10 days is sufficient to cover this amount.

If you did not work the contractual or pre-agreed notice period then technically you are in breach of contract. However, that does not allow your employer to just go ahead and start making deductions from your pay.

It does not matter whether you left in breach of contract or were sacked for gross misconduct - you are still entitled to be paid for any time already worked. You will of course not be paid for the remainder of your notice period but any wages owed for work already completed is due to you.

As long as there is a clause in your contract or any other formal agreement allowing that, your employer can deduct the money due to them from your pay. If there is no such clause then they can't legally deduct it from your pay, even if you owe it to them. That would amount to unlawful deduction from wages. However, if you agree that you owe it to them then you may as well agree t pay it.

If they were to take you to court over this then they will have a hard time proving they have a valid claim. You can also make a counter-claim for the money you are owed and that should cancel the majority of their claim anyway.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 5 years ago.

Hello Ben,


Am I safe to state these facts in a letter back to them?, if so how might I phrase it?

Hi yes you can certainly say that in a letter to them. You can use my advice as a basis for drafting a letter. Whilst drafting is not part of our services I am happy to look at anything you have prepared before you send it out.

In the meantime please take a second to rate the service so far, many thanks
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Customer: replied 5 years ago.


Hello Ben,


I apologise for bothering you again but I have today received a response to the letter I sent to my previous employers following your advice last week. Would you mind having a look at the content below and advising me of where I stand please. Thank you very much.


Kind regards,


Karl Russell.

  1. 1. Refusal to Pay Wages

Although we accept that an employee is ordinarily entitled to be paid wages up to the date of termination, this does not apply where there has been a fundamental breach of contract prior to that date. The act of you commencing employment with Creative Parking Solutions (CPS) prior to 16 January 2013 is such that you have not accrued any entitlement to wages from that date onwards. Based on your own written admissions the latest you commenced working for CPS was 7 January 2013. In the circumstances, we have no comfort that the date given was in fact your start date with CPS. As such we do not feel it appropriate to recognise any period of accrued liability on the part of ParkingEye for your wages for 2013. Hence, we must again draw your attention to the outstanding sums that you owe the company.


Hi, they cannot do that. If you had acted in fundamental breach of contract they could have terminated your employment at that point in time and then no paid you for anything going forwards, but they cannot just refuse to pay you for time you have already worked. If that is how they are going to play it then you simply have to advise them that you will make a claim for the owed wages and can proceed in doing so.
Customer: replied 5 years ago.

Hello Ben,


How/What should I reply with? Do I do it through the small claims court? Have they grounds for a counter claim?


Thank you for your help.

Whilst we cannot draft a response for you I'm afraid you need to use the advice given to contact them and continue asserting your rights. If you were to claim then if you were an employee you can claim in the tribunal, if not then it's the small claims court. They can only counterclaim for genuine losses incurred as a result of your breach, which could be rather limited, if any.