Employment Lawyers Can Answer Your Employment Law Questions
I have worked there 7 months
There are many "illegal" types of behaviours, like they pay people below minimum wage, they also don't give payslips.
I would really like to understand my rights quite urgently
, sorry I was offline by the time you had replied. This potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
If none of the above exemptions apply, the deductions will most likely be unlawful. 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.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Is it possible to help with drafting a letter that could help me.
None of the 3 listed circumstances are relevant to my situation to withheld the money.
I have now left the job as the environment has become unbearable. I am now even more concerned about not getting the money that is owed to me.
You can send a letter along those lines:
I am concerned that I have not been paid I have done . I am owed a total of £X [detail how much and many shifts/hours, etc]
Please note that your failure to pay me already undertaken is a breach of the Employment Rights Act 1996 and amounts to unlawful deduction of wages.
I would therefore request that all money that is owed is paid no later than 5 February 2015. Please be advised that failure to be paid the above amount will leave me with no other option but to pursue this matter further by making a claim in the Employment Tribunal or the Small Claims Court.
As part of my evidence I may have to detail the working practices at the company, some of which would be illegal, so it would be in the interest of both parties to resolve this amicably without the need to take the matter further.
Does this help?
, 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 in relation to this? I just need to know whether to close the question or not? Thanks
has your query been answered please?