Can my employer refuse to pay me at the end of my notice perod?

Crungmungus | 10:48 Tue 22nd Jul 2008 | Law

7 Answers

I am currently working my notice period and with plenty of notice I have informed my company that I will have to leave 3 days early. I accepted that for these days I would not be paid.

My fear is that they won't confirm in writing that I am able to leave 3 days early. I fear this is so that they can pull the plug on paying me at the end of the period.

Can my employer refuse to pay me at the end of my notice perod in these circumstances?

Any ideas?

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buildersmate

No, the employer cannot refuse to pay you.
But please consider that you are not giving them the required notice period, so they are likely to feel aggrieved. They won't put it in writing because why should they? - you have told them you intend to be in breach of your employment contract with them - and you are asking them if that's OK. The worst that may happen is that they sue you for breach of your contract - but this is unlikely - more likely is they mention it in any reference they are asked to give.

Oneeyedvic

Whilst they can't refuse to pay you, they could ( I believe ) deduct extra money from your salary to pay for cover for the three days. They may say that they need to get a temp in to cover your work and this money could come out of your wages.

I am uncertain as to whether they would have to sue you for this or if they can deduct it out of your wages.

buildersmate

I believe it would be an illegal deduction to remove more than the 3 days' pay, OEV. Any claim for damages would have to bring in the bit about extra costs and hassle caused by the breach.

Oneeyedvic

okay, I knew that they could claim - didn't know if they could deduct.

Cheers

Crungmungus

Question Author

Well I'm moving country, so that's why I need the 3 days. It's all been a bit rushed but the fact is I'm sat here with little to do. Granted, they are being unpleasant towards me.

buildersmate

Doesn't change the price of fish wherever you are going, sorry. Legally you are terminating the contract before you should, but since you are going abroad, perhaps best not worry about it.