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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44853
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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ive not been paid my final pay from my employer. pay day was

Customer Question

ive not been paid my final pay from my employer. pay day was supposed to be friday. i went down to see why and the date had been changed to tuesday. i have now found out that everyone else has been paid apart from me and another girl that has left. they have also made everyone redundunt. i have send email after email phoned messaged them only to be blocked i dont no what to do.
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. Is there something you wanted to know about this specifically?

JACUSTOMER-28hqcfxz- :

how to get my wages the 'proper' way

JACUSTOMER-28hqcfxz- :

??

Ben Jones :

How long have you worked there please?

JACUSTOMER-28hqcfxz- :

june 2014 -jan 2015

Ben Jones :

Thanks. I need a period of time to prepare my answer. There is no need for you to sit online. You will get a message when I respond.

JACUSTOMER-28hqcfxz- :

ok thank you

Ben Jones :

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 it is legally allowed (e.g. to deduct tax);

  • If it is to recover an earlier overpayment of wages made by the employer; or

  • If the employee has given their explicit written agreement for the deductions to be made.


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:



  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

Ben Jones :

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? Thanks

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