Final wage deducted

[BayTay1]

Hi, good morning. Please could I get some advice regarding wage deduction. My ex employer deducted my final pay, I have contacted them to ask why. The reason they gave is that the last week I only worked 17 hours instead of 30 therefore that's all I get paid. Is this correct and ok for them to do this? Any advice would be appreciated, thank you in advance.

[PallasAthena]

Do you mean they paid you for the 17 hours you did work? Do you agree you only worked 17 hours? I don't understand the problem, please give us more information.

[BayTay1]

Sorry, I should have included more detail. The situation has been a nightmare but I’ll try and explain.
I began working there on 1st July 2022. Pay day is the last Wednesday of the month.
I went for an interview elsewhere, unbeknown to me the recruitment process included a pre-employment check with current employer. The manager called me in and asked me why I haven’t told her I’m looking for another job, and when was I going to tell her? Awkward! She told me that she is not going to provide a reference as she hasn’t received my resignation. This went on for a few days, I couldn’t move forward with my job application without the reference, so I approached her again, she said No.
The atmosphere was terrible, nobody spoke to me and catty comments etc..
I typed my resignation letter including my leaving date which was the forth Thursday. I don’t work Wednesday’s, in the letter I asked her to check any annual leave and time off in leui owed as it may bring my last day forward. We then sat down and worked out that I had 5 days annual leave owed, I said I would work 3 of them as I didn’t want to leave them in trouble and if help train new staff.
leaving day came. Pay day my wages was short, I contacted her and she said you didn’t work until the end of the month so I cannot pay you for it.
Sorry for the long essay, but I’ve read that my wages shouldn’t have been deducted without discussing it with me first.

[ULA]

Can you clarify the following:

1. The date you resigned?
2. The date you agreed was your last working day?
3. How much notice you had to contractually give?
4. Whether there is a clause in your contract re deductions from wages and if so what examples it gives.
5. Did you receive in your wages the two day annual leave you did not take?

[BayTay1]

Thank you for replying.

When I started the contract was with a 3 month probationary period. That contract stated One calendar months notice.
There wasn’t an end of probation period meeting.
- I resigned on 28th September
- Final date agreed was 26th October
- No clause in contract re deductions
- Two days annual leave was in final wage

[ULA]

Sorry two further question:

1. It seems your contract hours were 30 per week? If do how many hours did you work in the final week 23 - 26 Oct.

You will only get paid for the hours you worked up to when you finished work on 26 Oct.

If pay day was the 25 Oct then they should have paid your salary for work done on 26 Oct in the Nov payroll run.

[BayTay1]

Sorry for my delay, I dropped my phone and had to replace the screen.
I did work 17 hours the final week.
Surely she should’ve mentioned the deduction during the meeting we had? I find it unfair to simply not mention it and wait until I’ve left.

[ULA]

What was your working week pattern of hours?

For example Mon-Fri 6 hours per day

What was the reason you only worked 17 hours?

[BayTay1]

I worked 30 hours a week, 4 days - 8 hours. the reason I didn't work the last Thursday and Friday is because I was owed annual leave. We sat down and discussed this together and she didn't mention anything about deducting my wages. Surely she should have brought it up?

[ULA]

I presume you had a half hour break to make your 30 hours.

You have already confirmed in your post #5 that you were paid your 2 days annual leave in your final wage so this has been paid to you.

.

[BayTay1]

I got 1 hour lunch for the days I worked,
what am I am asking is, Are ex employees allowed to deduct final wage without prior discussion?

[ULA]

What I am trying to ascertain is whether you actually have had wages deducted. The information you have been providing is not very clear

From what I can see from your all your posts is that:

1. Your termination day was 26 Oct
2. You were due 2 days holiday which you took on the Thurs and Fri (although the Fri is 27 Oct which was after your agreed termination date) which you said in your post #5 you were paid for in your final salary.
3. You were paid the 17 hours your worked for in the final week.

I am also concerned that if wages have been unlawfully deducted then you only have 3 months less a day from your termination to make a claim, so you do not have much time to get this clarified.