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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48790
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son was offered & decided to take employment elsewhere and

Resolved Question:

My son was offered & decided to take employment elsewhere and gave his company the required period of notice which was finalised by the HR dept. He took some holiday previously booked & then was available for work.
He received no shifts for the final 14 days of his employment despite trying to contact both operations manager & area manager who apparently, he has now found out, were away on holiday.
He has contacted HR and been informed he has 2 days holiday pay due and that is all.
His contract states his working week is 5/6 days out of 7, more than 40 hrs but less than 60 hours.
Am I correct in thinking he should still be paid if he is available for work but your employer doesn't give you any?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Thank you go ahead

Ben Jones :

Yes you are correct in that respect - if he has a contract, which guarantees him a minimum number of hours every week, then as long as he is readily available for work, then the employer is obliged to either give him the work and pay him for it, or if they cannot offer him any work to do - still pay him for this minimum entitlement. If they fail to do so they would be guilty of breach of contract and unlawful deduction from wages, which is something he can pursue further if necessary.


In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.


 


If the employer does not return the money as requested, the following options are available:



  1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

  2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

Customer:

so far not received answer although it says you have replied is there something else I should be doing?

Ben Jones :

It is above, can you not see it?

Customer:

No nothing so far

Ben Jones :

May have been a connection issue I will try again

Ben Jones :

Yes you are correct in that respect - if he has a contract, which guarantees him a minimum number of hours every week, then as long as he is readily available for work, then the employer is obliged to either give him the work and pay him for it, or if they cannot offer him any work to do - still pay him for this minimum entitlement. If they fail to do so they would be guilty of breach of contract and unlawful deduction from wages, which is something he can pursue further if necessary.


In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.


 


If the employer does not return the money as requested, the following options are available:



  1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

  2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

Customer:

Received now Thankyou

Ben Jones :

You are welcome, please let me know if you need any clarification

Customer:

Thank you for your help

Ben Jones :

No problem, all the best

Ben Jones and other Employment Law Specialists are ready to help you