IS it illegal for employers

[zzxxee]

who pay you by cheque to ask for it back when it states in your contract they have this right.
No notice was given but the work was done??

[zzxxee]

yes ljd i feel much happier thankyou x

[Oneeyedvic]

In fact, they can actually go further if the person does not give notice according to their notice period as set out in their contract - they can actually employ a temporary staff member from a recruitment agency and charge that to the employee.

This rarely happens, but is legal for an employer to pursue.

Get your friend to call the "pay and work rights helpline": http://www.direct.gov...Directories/DG_177940

[themas]

I'm not so sure about this as others seem to be. As a general principle employees should be paid for the work done (& I would expect this to include time spent training if it occurred after the employment start date in the contract).

If an employee then leaves without giving notice he/she has breached the employment contract & the employer can attempt to get redress from them for any costs the employer incurs as a result. Normally, as Vic says, this would be the cost of a replacement employee or agency worker to cover the notice period. Those costs may be more or less than the wages owed to the employee who left without giving notice.

I think it is open to argument that the employment contract cannot legally deny the employee the right to be paid for work done - in other words payment of wages has to be separated from any claim the employer has for the breach of contract. A blanket provision such as you describe - wages will be withheld unless notice is given - seems to me to be potentially unfair & therefore open to challenge.

This may well not help your friend because the employer may well be justified in arguing that her 3 days pay is less than the costs they have incurred as a result of her breach. If she wants to take it further she should ring the ACAS helpline - make sure she has the contract & can give them the exact wording relating to this.