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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi Im working for a company called shearline in cambridgeshire,

Resolved Question:

hi
I'm working for a company called shearline in cambridgeshire, over the recession we had our wages deducted by 5% and was told to do 5 hours per week for free. this ended up lasting for around a year and a half and we was all told we would get our money back. i am leaving the company opn the 23rd of may, I've been writing letters to attempt to receive the money back. they have recently said it will be given back in a repayment scheme but in a letter i received today i will not be included in it as I'm leaving. they have 1 signed bit of paperwork to say i accept the deductions for 3 months in 2010 but no paperwork or agreement to say i accepted the rest of the deductions so they have not done it legally, can you help me ?
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.

Ben Jones :

How long have you worked there for?

Customer:

almost 6 years now

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. Your rights here will depend on what was initially agreed between you and the employer. For example, if it was understood that these deductions would only last for a period of 3 months and there was no clause or conditions attached to it that said the employer could continue applying them until it is agreed that your original pay would be reinstated, you may indeed argue that this is money which is owed to you and you can pursue it as an unlawful deduction of wages. This is especially true if the employer had promised to reimburse you.


 


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:

I have written in the letter that I will take legal action against them but they are still refusing, so should I speak with the employment tribunal or send them another letter stating about reimbursing me within 7 days? Thank you for the advice by the way

Ben Jones :

It is not a legal requirement to send another letter, it is up to you. If you wanted to go to tribunal now you must engage in conciliation through ACAS first where with their help you try and resolve this and agree on a settlement, but if that does not work then you can go ahead with the claim

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

I think this has answered my question thank you, I have contacted those people and am waiting a reply now, thanks again

Ben Jones :

You are welcome, all the best for now

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

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