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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50160
Experience:  Qualified Solicitor
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We have a self employed worker who attacked another worker

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We have a self employed worker who attacked another worker with a hammer to the head. The latter is currently in hospital in an induced coma. The former is currently on remand having been charged with pre-meditated intent to murder. What is the law on us having to pay his wages now due for March? I currently do not have an invoice for his work carried out (which we insist on before payment from all our self employed staff).
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you mean you do not want to pay him for work already done or for future work which has not yet been carried out?


I want to know if I legally withhold his payment of invoice (yet to be received)?

Ben Jones :

Thanks for getting back to me. You cannot withhold payment for work which has already been completed, even if he invoices you after the event which occurred. He has still completed the work in question and as such he is legally entitled to be paid for it, regardless of the fact he subsequently did what he did. This incident would allow you to terminate his contract with immediate effect and not pay him for any notice period due or any future work, but any work completed prior to termination (or the incident) would still be something he is entitled to be paid for.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

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