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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47349
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter is 18 years old, has been working in a restaurant

Resolved Question:

my daughter is 18 years old, has been working in a restaurant for 3 and a half weeks, she quit today, she had to work a week in hand, because she has no bank account she was paid 47 pounds for 12 hours of her first week in cash,has had no more money,she is owed 27.5 hrs. she also has no contract.she told her boss she quit today, the boss said she had to work weeks notice, but as no contract I told her she is not obliged to do so, her boss has know said she was on an unpaid work experience and they owe her nothing, she was paid for the week they did pay her less than the minium wage,what can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was it ever mentioned that this was supposed t be unpaid work?
Customer: replied 1 year ago.

no,it was mentioned that it was unpaid after I asked for payslips and that she had no contract, they had asked for her bank details to pay her when she first started.

Expert:  Ben Jones replied 1 year ago.
This likely 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;
• If their contract specifically allows for the deductions to be made; 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.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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