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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work in a residential home. My contracted pay offer was

Resolved Question:

I work in a residential home. My contracted pay offer was £6.70 I did not receive that for months but £6.40 then after a fuss it went up to the original offer. Now it has gone back down again the £6.40. I have been there a year now. They don't pay us for training that we are meant to be paid for, or staff meeting, they just say oh forgot we'll pay it next time. We don't get our money on time, we don't all get pay slip. The money is short sometimes of hours, holiday pay.

A lot of the girls there are below that rate and are only getting £6.31 an hour, is that legal. What rights do we have with people like that and who would we go to who can help us
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly came you tell me how long you have been with the care home and have you contract of emploments

Ben Jones :

Sorry for the typos, predictive typing got the better of me

Customer:

I have been with them a year, other staff members have been with them for longer, some years. We all have contracts of employment

Customer:

but having said that I can't seem to find mine now. Some have but they are not signed

Ben Jones :

Thanks and what do you wish to achieve - just to be paid as you should, or are you thinking of leaving?

Customer:

What are our right by law, can they pay us what they like. I think that they are exploiting people, alot of the girls are indian or philipinos and don't know what their right are.

Customer:

Would we be able to get back pay. If we went to the tribunal people would they be able to help us

Ben Jones :

No, the employers cannot just pay you whatever they want. You have the right to be paid the rates that you are contracted to work, as specified in your contracts. If you were employed on a specific rate and this is documented in your contract then you are contractually entitled to receive that rate. If the employer does not pay you what you are contractually entitled to then they will be acting in breach of contract and can consider recovering what you are legally due. Before you consider legal action you should try and pursue this through the internal grievance procedure. This is to give the employer the opportunity to resolve this without having to involve the legal system. However, if that does not help, you are able to take the matter further:


 



  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:

Do they have to pay at least the minimum wage of £6.40 to everybody

Ben Jones :

The minimum wage is £6.31

Ben Jones :

You are all entitled to at least that rate by law

Customer:

Ok my apologies I had convinced myself that it was £6.40 an hour, so in October when it goes up to £6.50 that is what we can expect

Ben Jones :

Yes as soon as a new rate is formally introduced, from that date onwards you are entitled to it

Customer:

ok thanks for the advise

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46763
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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