Employment Law

[Woodstock]

All my employees have a contract of employment asking that they give two weeks notice of termination of employment when they wish to leave. Invariably, departing employees just leave with no notice. Can I legally retain any due wages/holiday pay in these cases?

[woofgang]

I don't think you can in any case, but I especially don't think you can unless you spell this out in the contract which the employee signs....and if you only "ask" them to give 2 weeks notice then you deffo can't.

[Peter Pedant]

actually to be honest if they are walking on 'on the job' I would concentrate on why they loathe the job so much ....

try googling 'can I get paid if I quit my job without notice'

answer appears to be - yes [ and no only if you make it clear that in a contract term stipulates with-holding money if no notice is given]

https://worksmart.org.uk/work-rights/pay-and-contracts/pay/i-quit-my-job-without-notice-am-i-entitled-be-paid-period-ive

If they are doing this a lot I would concentrate on finding out why they are trying to shaft you

[Peter Pedant]

OK this is in law, and not in the section 'why oh why are all the brown skinned people in dear old Blighty stabbing policemen?'

current employment law allows deductions from pay to be made only in certain circumstances. ( tax NICs Pension - blah blah blah oh gift aid at source)

I am not sure if it is so strict as to be ' deductions can only be on cases a,b, and c and nil else' [ see deductible expenses on PAYE - virtually none]

this may be got around by a clear clause in the contract which has been signed previously

[woofgang]

wow pp we agree!

[Peter Pedant]

being right is a room with more than one space
( rather than being like PM or Queen or something ...)

I had the cost of a telephone call deducted from my wages
and screamed blue murder on this point .... um in 1982

[jlcm]

I was obliged to give one months notice [in the 80's]and when I told the MD I wanted to leave after a fortnight he threatened to sue me if I did'nt serve the full month however things moved slowly [buying a hotel] so I did a further 3 months and did in three months about 10 days work so he lost anyway

[woofgang]

That's a good aphorism PP

[bednobs]

Your only need to pay them for work they have done but as most people are paid in arrears it still genreally meas paying yhem after they have left i suppose. You could in theory sue them but what a hassle

[Maydup]

Sadly notice periods are almost impossible to enforce. You have to pay for time worked, up to date and there is little point in persuing the ex employee for lack of notice, its not worth it. Although you could withold any outstanding holiday due in lieu if notice, thats all.

[Woodstock]

Thank you for your input ya'll. I don't have a huge turnover of employees, some have been with me for years, but the work is unskilled, and therefore often attracts employees with less education/respect, hence my issue. I generally feel 'contracts of employment' are, in the main, only there for the benefit of the employee and not the employer!!