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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have just had my contract terminated during my probation

Customer Question

Hi,
I have just had my contract terminated during my probation period. while i accept this decision i would like to know where i stand with regards ***** ***** up to date any monies owed.
At the beginning of the month the owner of the business suggested that during august i would only be paid a wage if i hit a certain sales figure. this was only communicated to me via skype,and never put in writing.
As my employment has been terminated before the end of the month i want to be paid as per my contract and receive renumueration for days worked in august
Am i correct or can the owner refuse to pay me?
Thanks
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. Were you an employee or self employed?
Customer:

Hi Ben,

Customer:

I was an employee, I have a contract of employment, although as I am currently living in Spain I was invoicing them for my monthly salary and then paying all contributions here

Ben Jones :

Hi, sorry I was called into a meeting earlier before you managed to reply. You are correct that you must be paid for any time you have worked up to the termination of your employment. Even though you may not get the full pay, part of which may have become due only if you hit certain targets, you are still entitled to be paid any basic pay and by law you would be entitled to receive at least the National Minimum Wage (£6.31). However, anything you were entitled to under contract would take priority over this.

The employer’s failure to pay you what you are due would potentially amount to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.

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.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Hi Ben,

Customer:

Thanks for the response, im due to be paid on the 28th, so i guess the best thing for me to do now is wait and see what happens next week, and if nothing on the 28th then with the information you have provided me with i can respond to him then.

Ben Jones :

yes that is the best course of action, you will only be able to claim the above if you have not been paid when the money became due so at this stage all you can do is wait to see what you actually get paid on the normal pay date.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45306
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Zaki,


Following your advice please see below the initial response from my lawyer to me regarding your with holding of my final payment.



Take notice that this email is the start of the 7 days, during which I will expect you to confirm the amount you will be paying me and when I will receive this payment within the next seven days.


Also please confirm what you want me to do with the laptop and also the handover you wanted to have taken place.



If I receive no response and no payment within the next seven days I will have no option other than to take legal action to recover monies owed to me as per the information stated below.



I do hope you will see reason and action the immediate payment and collection of the laptop so that we do not have to go down the legal avenue.



Robert.



Hi, Thanks for your help before, the above is what I have just sent to my employer. Yesterday (28th) was normal pay day and I did not receive any monies at all.


Can you confirm if you offer a no win no fee service as well please?


Thanks Rob

Expert:  Ben Jones replied 2 years ago.
Hi, the earlier advice would still apply - wait until the 7 day period has passed and then see if you still need to take any further action.

As to no win no fee unfortunately we do not offer that, in fact we cannot act for you in any way - we only offer the online service on here where you can ask questions about your situation.

Thanks

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