Employment Lawyers Can Answer Your Employment Law Questions
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:
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
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?
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