Would I have any chance?

[Ilovetea13]

Not sure where I stand on this so just looking for some advice.
I was working for a company(franchise) cleaning.
I left yesterday with immediate action due to family circumstances completely out of my control and I could no longer go to work.
I rang sick for 4 days prior to this.
I've worked there for 3 years.

I was told to return all my things and a filled in timesheet(we fill in timesheets to state which jobs we've done, miles we have driven, travel time - basically to get paid) .
Work then told me they won't be paying me the 40 hours I'd already worked this month(i generally do 20 a week so 2 weeks pay)
Do I cut my losses and move on?

So reading through the contract it states 3 hours pay will be deducted for every day you don't work your notice except in exceptional circumstances.
3 hours for 1 month notice would leave me with nothing anyway.
I had 17 days holiday but the company pay you holiday pay in advance, rather then when your off - we get a monthly allowance of holiday pay.

I don't know if my situation is "exceptional" obviously I'll have to give you details..
My child was suffering with her mental health and reluctant to go to school - I had to make the choice to take her out and home educate for this moment in time as the mental toll on them and myself was too much to bear.

Shall I cut my losses and move on or fight this even though it is clearly written in my contract theat they deduct your pay?

Thanks.

Hopefully you will get some more specific advice, but I would suggest contacting ACAS. If you've been employed by this company for more than two years, you have rights.

Thank you, I will definitely contact Acas on Monday.

Just wondered if anybody might have any idea if this would be worth even going down that route, I'm deflated with life right now and don't want another battle to fight.

It’s a tricky one.

Typically an employer is not allowed to withhold pay for hours already worked for not working a notice period. One exception to that though is if there is a clear written agreement which specifically allows for deductions to pay for this reason, which is the case here because it is in your employment contract which you signed & agreed to work under.

Yeah it does state in the contract they deduct 3 hours of pay per day you don't work your notice period except in exceptional circumstances/at there discretion.
I've basically filled in my timesheet for them to keep my money, mileage ect.
I'm upset at the situation and obviously I'm fully aware I've massively let them down at the last minute, but I also had no choice as I had to do what's best for my daughter at this given time.
I kept them updated as to what was happening too.