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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44391
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been in a job for 6 months now, I have no contract,

Customer Question

I have been in a job for 6 months now, I have no contract, I don't get sick pay and now I haven't been paid when I should have. What do I do? I started work in July and was told I would get a contract after 3 months, the manager then left and a new one started and I was told last month that as its a new manger I was back on probation so wouldn't get a contract for another 3 months. We get paid the last Friday of every month and have done yo until this month. This month we were told we would be paid the Friday before Xmas and then the Friday after. The Friday before came and the boss decided we were going to get paid the Friday after Xmas. A couple of us complained and we were paid a bit of our wages on that Friday then we were told we'd get the rest the Friday after (Boxing Day) it's now Monday the 29th and we still haven't been paid??
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How much are you owed?
JACUSTOMER-fjctl6mh- : Around the £175 mark, I also don't get sick pay or holiday pay
Ben Jones :

Hi, sorry I was offline by the time you had replied. Whilst the employer’s actions will likely amount to an unlawful deduction of wages, which is made illegal under the Employment Rights Act 1996., there is unfortunately no quick fix to this.

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:

  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:

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. However, if doing so does not help then you will have to look at legal action as mentioned above but that will take weeks, if not months and by the time you get to it you may have already been paid anyway so it is only really something you should consider if the employer refuses to pay you at all, not just slightly delaying it.

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

JACUSTOMER-fjctl6mh- : Ok that resolves the money situation, what about not having a contact or getting holiday or sick pay?
Ben Jones :

Your employer has a duty to issue you with a written statement of employment particulars within 2 months of starting work:

if you are worker/employee then you are automatically entitled to holiday pay at a rate of 28 days per week if you are a full time worker, or a pro rata entitlement if you work part time. Failure to pay you or give you holidays amount sot unlawful deduction of wages and can be pursued in the same way as the non-payment of your wages.

The employer is not obliged to pay you any sick pay, all they have to do is pay you Statutory Sick Pay if you are off for more than 3 consecutive days

Does this clear things up for you?

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

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