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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75116
Experience:  Qualified Solicitor
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I’m looking for an advice regarding to living my job without

Customer Question

Hi. I’m looking for an advice regarding to living my job without working the 1 week notice period. Basically I left the job with sending to my employer notice with immediate effect (I’m sure this is not the right way ) any way I didn’t get paid at all for the previous 2 weeks of my work and my holiday for past 10 weeks. I’m just wondering if they can actually refuse to pay me, and if there is anything I can do to get my money.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Not yet as Today was the day I supposed to get paid
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think so not for now
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 13 days ago.

Does your contract say they can deduct any money from you pay for any reason? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 13 days ago.
in my contract one of the points state
The Employer reserves the right in its absolute discretion to deduct from
your pay any sums, which you may owe the Employer including,
without limitation, any overpayments or loans made to you by the
Employer.
Customer: replied 13 days ago.
10.2Termination without notice
Nothing in these terms and conditions shall prevent the Employer from terminating your
employment without notice or pay in lieu of notice in appropriate circumstances, for example
gross misconduct (summary dismissal). Please see Staff Handbook for all
disciplinary/grievance policies.
Expert:  Ben Jones replied 13 days ago.

Thank you very much for clarifying. I can’t see anything there that would specifically allow them to do that. If they do not pay you then the employer’s actions will most likely amount to an unlawful deduction of wages, which is dealt with under the Employment Rights Act 1996.

Deductions of wages occur when an employer either makes actual deductions from an employee’s pay, or they stop their pay altogether. Under law, an employer can only do these 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 (no prior consent is needed, but at the same time they should discuss how this may affect the employee, considering any outgoings they have to meet)

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

- If the employee has given their explicit written consent, such as in a separate written agreement

If none of the above exemptions apply, the deductions will most likely be treated as being 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/or breach of contract and request that they repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what has been unlawfully deducted.

If the employer does not return the money as requested, the following options are available to take things further:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the last of 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 next steps to initiate this procedure are to contact them, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-####

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. It is therefore a useful alternative if the 3-month deadline for the Employment Tribunal has been missed. Also, there is no need to negotiate before starting a claim and the claim can also be made online by going to: https://www.moneyclaim.gov.uk/web/mcol/welcome

Ideally, by warning the employer that their actions are unlawful and that legal action is considered, they will be prompted to try and resolve this and return the money with the need to take things further.

Expert:  Ben Jones replied 13 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 13 days ago.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.