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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48735
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello Ben. My contact has finished on Friday. As I expected

Customer Question

Hello Ben. My contact has finished on Friday. As I expected despite of assuring me all calculation of holiday entilitlement and unpaid overtime should be ready on Friday, they were not. I have sent my employer an email asking sbout that - and my reference but no respond. What else I can do to receive all of that and my final wage? Kind Regards Magda
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When are you usually paid? When do you receive your final pay from this employer?

Customer:

Usually I got paid on last working day of the month

Ben Jones :

ok so there is still a chance you may get paid by the last working day this month?

Customer:

Yes. As we discussed he promised all the calculation on last day of my employment

Ben Jones :

ok it may be b est to wait until the day you usually get paid because that is the latest when you should receive the money you are owed. If it goes past that date and you have not been paid what you are due then you can start thinking about taking the matter further. 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:

Thank you Ben. It is very helpful. Regards Magdalena

Ben Jones : You are welcome, all the best
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

I have been taking back the overtime I have worked through by living the office earlier. Now he is calculating the holiday entilitlement only on the hours I acually worked. In my opinion it should be full hours. The other thing is that he is taking away 30 min unpaid break from the hours I have actually worked, so he is deducing my overtime more. If I have worked 127 hrs out of 178.50 in a month, He is taking away 10.50 hrs unpaid break from 127 hrs - 10.50 hrs, so he is saying I have used 62 hrs of overtime. I thing he should calculate like: 178.50 hrs - 10.50 hrs(break)= 168 - 127 hrs = 41 hrs. Which way is correct? We have never agreed a certain time for a break

Expert:  Ben Jones replied 3 years ago.
Hi, if you can please post a new question with these details I will be happy to help, thanks