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i resigned from a job with immediate effect last monday and the company are witholding my wages for not working 2 weeks notice.

they provided me with a wage slip stating that i would revieve £351.46 net pay but they havent paid the money into my bank account. the amount has also been added to my total taxable earnings and no deductions are shown on my wage slip!

this is the clause in my contract.

 

 

If the Employee leaves his employment without giving full notice, or during his notice period without the written permission of the Company, the Company reserves the right to deduct a day’s pay for each day not worked during the Employee’s notice period. This may include a deduction of accrued wages, or other monies due to the Employee.

 

surely if my wage slip says i am being paid the amount and its gone on my taxable earnings they have to pay me?

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Two wrongs dont make a right so you had better explain why it became impossible for you to continue your employment through a notice period. How long had you been employed before chucking the towel in?

When did this happen as they might be having problems with their salary run overlapping with your resignation.

Thier deduction of your monies due would only be lawful if they had to pay someone else to do your job and they can show that the walking off has caused then a loss of some sort. You would also have soem holiday pay to consider so how is that adressed as you could say that the notice would have included holday that hadnt been taken.

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i was with the company for just under 9 mths and would rather not say why i resigned.

 

Are you asking them for pay for work you have done, or pay for the 2 weeks where you hadn't given them notice and haven't worked?

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You would like us to tell you that you are entitled to be paid for work that you have done, based on no information? You don't even know that any deduction has been made, according to what you have posted. Money not arriving in your bank account when you expect it to could be explained by a whole range of reasons which are perfectly legitimate - and which may in fact include withholding the money for legitimate reasons. For all we know you resigned because you had been defrauding the company, stole the takings, and ran off with the design of the new secret development. In which case not getting paid would be understandable and the least of your worries. So, for obvious reasons, the reason that you resigned would certainly be relevant to any opinion - as would the employers explanation of why you haven't received money that you claim to be owed. You did ask them, right? Because step one of any potential claim for money on your part would be "first, ask the employer why you didn't get paid". Then, if that reason is not legitimate you send a letter before action, and only if that doesn't work can you take it further.

 

So when you asked the employer this question, they said what?

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have they had to employ an agency worker to cover your job for the last fortnight? What holiday have you taken so far this year? What is your holiday year cycle? Help us on things like this ansd we can offer more substantial advice on the rest of thier claim that you dont get anything because you broke their contract. It may be that they owe you more than you are asking for and there was no breach at all so it amounts to unlawful deduction of pay. The more we know about things the easier it becomes so quote the exact wording of the contract etc.

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i did not run off with any takings or steal anything, ive asked to be paid and HR sent me an email reminding me of a clause in my contract which i added to my first post.

 

Ok. So we now know what they didn't do and what you didn't do. Come on now, do you really think we can advise you in a vacuum? I have already told you the formal process - that is what it is. And we can't tell you anything more unless you want to talk to us. If you don't want to help us to help you, you need to go some place where you can get advice without telling them any information. I don't know where that place is.

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Ok. So we now know what they didn't do and what you didn't do. Come on now, do you really think we can advise you in a vacuum? I have already told you the formal process - that is what it is. And we can't tell you anything more unless you want to talk to us. If you don't want to help us to help you, you need to go some place where you can get advice without telling them any information. I don't know where that place is.

 

 

But the OP wants it all to be a secret. Oops, make that a BIG secret.

 

Come on, use your psychic abilities!

 

Is that a grinding noise I hear? Oh dear, the gearbox on the crystal ball has failed. Now, how will we be able to help people who can't be bothered to provide the information necessary to avoid giving them unreliable advice?

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But seriously, that's the issue isn't it? The OP tells us a fraction of the story, we tell them something, and following the advice lands them in greater trouble. There is obviously a big picture here - "leaving with immediate effect" when you need to keep it all secret - that just begs the question "how much more trouble can you get into".

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OK, what about your holiday entitlement you accrued since the beginning of the year etc? Give us somehting we can use to help you because at the moment we have nothing to discuss other than you had a contract and you might have broken it and the last wage slip doesnt match your bank account receipts. We dont even know what the company normal salary run date is so you might not be due anything until the 30th june anyway.

Your statement of starting a new job the next day suggests that at some point near the end of your employemnt at the oldco you were interviewed for this new job, received and accepted an offer of employment and then just didnt give the rquired notice to oldco.. That may be an unpopular move but we still need to know about contract etc to offer an opinion on the lawfulness of withholding pay

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Did you resigned or were you dismissed?

 

Yet, the first line of the first post was:

i resigned from a job with immediate effect last monday

 

The OP not only resigned, but did so without working their notice.

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