Employee left with no notice - should they get paid?

No notice given by employee

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Hi

An employee left a few months ago, simply did not turn in for work the next day for personal reasons.  The employee was owed one day's pay but management said he should not get paid.

Now, a few months later, the employee has turned up and asked for the day's pay.

Even though no notice or communication was given, is the employee due a wage for that worked day?

 

 

Replies (9)

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By tom123
31st Aug 2016 15:54

By definition, leaving employment is a bit like a divorce. Still, I always recommend paying for all work done - however bitter you may feel.

that way, you at least keep a bit of the moral high ground.

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By cheekychappy
31st Aug 2016 16:33

Are you asking if the employee is entitled to at least the NMW for hours worked? If so, the answer is yes.

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counting
By Counting numbers
31st Aug 2016 17:20

Two wrongs don’t make a right. Yes, of course you need to pay them. Obviously it wasn’t very professional leaving the way they did but if it was for genuine personal reasons then I’d leave it at that.

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By Riddler
31st Aug 2016 19:24

Yes, plus any accrued holiday pay.

Leaving employment without notice may not be good manners, but it is not illegal. A word of warning, should you be approached for a reference you can decline to give one, but you cannot give a negative one just because they gave you no notice.

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By moc2112
12th Sep 2016 10:15

Thanks all.

The company is deciding not to pay the employee as the costs invloved in covering the work for that lost day including replacement tradesperson at short notice, cost of already booked accomodation etc far outway the cost of the employees pay for that day.

So in this instance leaving with no notice cost the company considerable cost and therefore the empoyee will not be paid.

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Replying to moc2112:
By cheekychappy
12th Sep 2016 10:26

Quote:

Thanks all.

The company is deciding not to pay the employee as the costs invloved in covering the work for that lost day including replacement tradesperson at short notice, cost of already booked accomodation etc far outway the cost of the employees pay for that day.

So in this instance leaving with no notice cost the company considerable cost and therefore the empoyee will not be paid.

A judge would not look at the company favourably.

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Replying to moc2112:
paddle steamer
By DJKL
12th Sep 2016 10:31

Quote:

Thanks all.

The company is deciding not to pay the employee as the costs invloved in covering the work for that lost day including replacement tradesperson at short notice, cost of already booked accomodation etc far outway the cost of the employees pay for that day.

So in this instance leaving with no notice cost the company considerable cost and therefore the empoyee will not be paid.

A " brave" approach ignoring national minimum wage plus not calculating holiday pay, processing payroll or issuing a payslip to that effect.

Whilst the employer may have rights against the former employee for breach of contract (lack of notice) not sure the employer can merely unilaterally make a non statutory deduction from wages for such rights ,and certainly tricky when payroll appears not to have been run. Maybe look at contract and rights embedded within same, remember any "deduction" re "rights" is possibly not a gross deduction.

The company probably needs to employ a legal adviser before taking such a route, they may think they are morally correct but legally correct, not so sure; this is possibly quasi macho posturing getting in the way of sound/safe business practice.

I am no solicitor but such an approach flies in the face of how our solicitors, over the years have, advised us re employment matters; to tread carefully.

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Replying to moc2112:
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By Mark Johnson
12th Sep 2016 13:47

Totally wrong. The cost of covering work cannot be offset against wages owed. If the employee has broken their leg on the way to work are you suggesting he should be made to pay for the cost of covering for him? There's no difference. Assuming that one days owed wages are not going to bankrupt the employer then it's refusal to pay what it owes is childish and vindictive.

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