Our Frequently Asked Questions

My employee is leaving and is refusing to work their full notice period. Can I withhold their pay and holiday?

Withholding pay may be an ‘unlawful deduction to wages’, even when the employee hasn’t given you their contractual notice. You can stop their pay from the last day that they actually worked, but you must pay anything they’ve already earned. Holiday is less straightforward, and you may be able to withhold some holiday pay.

Talk to us about how we can help to make sure you have the right wording in your contracts and policies to protect you in these circumstances.

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Critchleys HR and Payroll LLP, Beaver House, 23-38 Hythe Bridge Street, Oxford OX1 2EP


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01865 261188

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