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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, my name is ***** ***** have bee employed 10 yrs

Resolved Question:

hi, my name is ***** ***** have bee employed for nearly 10 yrs by the same company but in Nov 2014 we changed over to another, nothing has changed other than the company name.Two wks ago i was suspended without pay for not being able to provide them with a birth certificate as proof of my right to work, they had everything else that i could provide, N.I number, p45. I dont drive or have a passport. We have,nthad a contract from the new company so does my existing contract from the old company still stand?It states should anyone be suspended it will be on full pay pending investigatio. This issue has now been resolved but they are still refusing to pay me, do they have a legal right to do this?
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. Did they say that something known as TUPE applies to the transfer from the old employer?
Customer:

Hi, TUPE was mentioned but i dont know much about them, apart from the fact that they were involved in the transfer of the companies.

Ben Jones :

When TUPE applies to a transfer it mans that your old contract would have transferred over to the new company and everything would remain the same, apart from the employer changing. So your old contractual terms would have been applicable at the time of suspension and you should have been entitled to full pay during your suspension. Even if there was no such clause or the contract had not transferred, if an employer suspends an employee with no pay and they did not have the specific contractual right to do so, it would amount to unlawful deduction of wages. So either way your employer is in the wrong and you should have been paid for that time.

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.


Ben Jones :

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

Customer:

Thankyou very much for your help, i will put pen to paper tonight, and hope the mention of legal proceedings will bring this to a close. I shall let you know in due course of the outcome. Regards Sharon.

Ben Jones :

you are welcome, best of luck

Customer:

thankyou

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