Leaving work - recalling wages

Soldato
Joined
14 Aug 2004
Posts
2,992
So my friend left her job a few weeks ago as she was offered a new one. She owed 9 days annual leave. She told her manager on pay day that she was leaving so she effectively gave 8 hours notice. When she left on pay day without working her 4 weeks notice, they recalled her pay, took what she owed out and put it back into her bank account.

Are employers allowed to do this? I’ve never heard the like of it.
 
If she's taken the holiday and not 'earned it' per say, why should they pay her for it?

Leaving at such short notice is incredibly disruptive and selfish, so being paid what she's owned without any issues would be all she can expect.
 
Depends how they pay the wages. Our place is 2 weeks in arrears, 2 weeks in advance. So if she quits without working notice on pay day, and has used holidays she hasn't accrued pro rata then she could owe the employer at least a couple of weeks wages back.
 
I understand that it’s their money but I didn’t know that companies were allowed to recall wages? Does anyone have anymore info on this?

I'm assuming you mean they cancelled the BACS payment? But can't see what the problem is? Tell your 'friend' they should just move on... technically the company could sue them for breach of contract
 
Jesus. I must tell her that she’s in breach of contract and her employer may sue. Anyone been in this position before?
Unless she’s in a high management/executive role it’s unlikely they’ll take further action. Probably burnt her bridges there though.
 
As Jokester said unless in a high level position it generally isn't worth it for a company to take any further action (and most of the bigger ones have a policy not to - unless there is a very good reason) unless the company is bent on being particularly spiteful/vindictive.

Higher positions with extended notice periods can be another matter though as they often have several months notice required for a reason and a certain level of responsibility is expected for the role.
 
I understand that it’s their money but I didn’t know that companies were allowed to recall wages? Does anyone have anymore info on this?

They're allowed to take legal action against her for the debt, which might result in costs being added. She'd have to pay one way or another. Correcting the payment seems like a nicer approach to me, assuming that the new figure is correct.

As far as I can see from the BACS website, there is a very limited window of opportunity for recalling a transfer made by BACS (which I'm assuming is the method used by the company).

Bacs processing cycle
Input - day 1
Input day is the latest day a business user/bureau may submit a payment file to Bacs for a processing cycle. Payment files must be transmitted to Bacs between 07.00 and 22.30.

Processing - day 2
Files are delivered to the recipient banks which then process each payment.

Entry - day 3
Payments are simultaneously credited to the recipients' accounts and debited from your account.

You remain in control of the process at all times. You can submit your payment instructions up to 30 days in advance of the payment date. You can also recall payments after the payment information has been submitted, provided your bank is notified prior to a specific cut off time.

From https://www.bacs.co.uk/Services/bacsschemes/gettingstarted/pages/bacsdirectcredit.aspx

My guess would be that when a recall is issued both processes show on the recipient's account, even though the second replaced the first. That's especially likely if the recall was issued on "Entry - day 3" which would mean that the original transfer had already been processed the day before ("Processing - day 2"). Which would have been what happened in this case, since she didn't tell her employer she was leaving until the say she sees as pay day, i.e. the day the money shows in her account, "Entry - day 3" in the BACS processing cycle.

I've seen similar in other transfers of money. For example, I requested money from an ATM and the ATM's cash dispenser malfunctioned. Each processing showed on my account seperately - £x out of my account from the ATM sending my request for cash and my bank's systems approving it and then £x into my account as a result of the ATM detecting its own malfunctioning, sending a request for a recall of the payment and my bank's systems approving that.

Money is just a promise. It's not a real thing. Even cash is just a promise (look on a note - it states right there that it's just a promise) and computerised systems are even more abstract. A modern bank account is really just a list of transactions. In this case, 1 in, 1 out, 1 in. There isn't really anything in any bank account. We think of them as containing something, but all they contain is quantified promises. The first payment into her account was never really there.
 
That's what it says from BACS. So if she handed her notice in on the day the pay went into her account, the employer are within the window of opportunity to reverse it. If she'd quit the day after ...
 
Thank you. So can the money only be recalled on the same day it was credited?

I don't know. The BACS website didn't specify what the cut off time was, only that there was one.

It's even possible that the money transfer was recalled before it was credited. The processing for a transfer though BACS occurs the day before it's credited to the account, so if the recall is made on the day it's credited to the account it might occur before the transfer actually occurs but after the transfer has been processed. The processing has occured, so it might still show up on the account. I don't know the details of how it's handled, but it could be that way.
 
your friend seems very entitled, no doubt thought she had found a loophole to get free money and now has egg on her face lol
 
Back
Top Bottom