Deductions for not working notice period

StevenR91

Hi,

Hoping to get some advice on the following situation please.

My partner recently left her employment of 8 months without working her notice period.

She was owed for 9 days which she had worked totalling £627.59

Her contract states that leaving without working the notice period (1 month) she would be charged for any additional costs to cover her work load.

On her last payslip the employer her deducted £1321.92 from her wage, leaving her in a minus figure (which they said they won't be trying to claim).

However I don't think the way they've done this is correct, I feel they should be taking into account her salary from the 1 month she didn't work, which would have been £1516.

My understanding is the calculation should have been £1516 (salary) minus cost to cover work (1321.92). Which leaves them with no financial loss, therefore the £627.59 which she was owed, should have been paid in full.

The employer has given no breakdown of the £1321.92 and is totally ignoring any form of communication.

Any advice would be greatly appreciated

elsien

I may be being slightly thick here, but why would the employer be taking into account her salary for a month she didn't work?

StevenR91

Because they've deducted from her pay the amount it cost to cover her work during this period, but they aren't taking into account that they obviously haven't paid her for this period.

ssparks2003

And why could she not be bothered to work her notice period?

StevenR91

There is a lot more to is than "she couldn't be bothered", but that's not the point of this post.

elsien

StevenR91 wrote: »

Because they've deducted from her pay the amount it cost to cover her work during this period, but they aren't taking into account that they obviously haven't paid her for this period.

They haven't paid her for it because she didn't work it.
Perhaps if you gave some dates it would help.

StevenR91

I'm not saying she should have been paid for it. I'm saying the company hasn't come to any financial loss from her not working her notice period, as her salary for the 1 month "would have been" £1516, whereas it only cost the company £1321 to cover her role for this same period. Hope that is clearer.

p00hsticks

StevenR91 wrote: »

I'm not saying she should have been paid for it. I'm saying the company hasn't come to any financial loss from her not working her notice period, as her salary for the 1 month "would have been" £1516, whereas it only cost the company £1321 to cover her role for this same period. Hope that is clearer.

How do you know that it only cost the company £1321 when you say they didn't provide a breakdown ? It could be that it cost them £1321 MORE than if your partner had continued working (for example, if they had to bring an experienced temporary contractor in from an agency at short notice, or pay higher overtime rates to existing staff )

[Deleted User]

StevenR91 wrote: »

The employer has given no breakdown of the £1321.92 and is totally ignoring any form of communication.

Any advice would be greatly appreciated

Could it be taken more holiday then accured down to pay cycle and cut off dates going against.

You can look up national insurance record online through gov.uk site - this gives an insight into what has been submitted. Used it recently when an employer hadn't supplied last payslip.

paddedjohn

p00hsticks wrote: »

how do you know that it only cost the company £1321 when you say they didn't provide a breakdown ? It could be that it cost them £1321 more than if your partner had continued working (for example, if they had to bring an experienced temporary contractor in from an agency at short notice, or pay higher overtime rates to existing staff )

^^^^^ this is the answer op^^^^^

nicechap

StevenR91 wrote: »

There is a lot more to is than "she couldn't be bothered", but that's not the point of this post.

And that's why you won't get a proper answer.