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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46237
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There I accepted a job after being offered £10 per hour

Customer Question

Hi there I accepted a job after being offered £10 per hour for the role. Then when the written statement of particulars came through it had an annual amount that worked out at £8.30 per hour. I immediately refused the written statement and raised this with an employer who stated that I was ment to be being paid £10 per hour and he would sort it out. No new written statement came through. Yet for the past 3 months I am still being paid the incorrect amount from the written statement of particulars not the amount agreed. Now I am leaving that employer over this issue and several other payroll errors. I believe I created a legally binding verbal contract with my employer after being offered £10 an hour for the role and accepting it. My question to you is my employer in breach of contract for continuing to pay me a different amount to what we agreed when I accepted the role and does the difference in what was offered and what was paid count as an illegal deduction? So far I believe I am owed £528 for the difference in the past 3 months, from what my employer said they would pay me to what they actually did pay me.
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. Who was the person who made the verbal promise was that a manager with the right to negotiate payments?
Customer: replied 1 year ago.

yes so the gym manager offered me the role for £10 an hour and I accepted. He was the manager of the gym and I was his employee. The was no negotiating with this verbal contract. I have recently contracted the area manager as the gym manager wasn't able to help me. She came in today and started stated that in her planning for my position, her evidence states that I was meant to get paid £8.50 per hour. This is evidence I have never seen, hear off nor agreed to.

Customer: replied 1 year ago.

I guess there is a possibility that my manager did not have the right to negotiate the price. I work at a smaller budget gym that he manages, whereas the area manager, manages a much larger leisure centre and also overseas the gym manager at the gym I work at. When I saw her today she repeatedly stated that she didn't sign off on the pay I was offered. However every time I spoke to my direct manager he claims that was what payroll said I was to be paid. I think very clearly there was a miscommunication within the business organization as to how much I was to be paid. However I still believe I have a legal contract with the company for accepting the rate that was offered, when I accepted the job. Therefore I should get paid what was agreed.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. You do have an argument that you should be paid what you were offered. A verbal contract can be just as legally binding as a written one and if this was done in good faith by you and with someone who you believed had the authority to negotiate payments on the company’s behalf. You relied on this promise and you took the job as a result, you have therefore shown consideration to make the contract a legally binding one. The employer may try and argue that this was a mistake and that you should not be allowed to benefit from such a mistake but that is not an easy argument for them to make and win.
So as it stands, this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46237
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ben thank you very much for your advice. My recent employer started making illegal deductions from my wages 2 months ago. by he time I get my next payslip it will be three months since my employer started making illegal deductions. Will this cause me any problems taking this to a tribunal or is this OK as my employers only recently indicated that im not going to be paid what we agreed at the beginning.

Expert:  Ben Jones replied 1 year ago.
It would not be a problem as you have 3 months from when the deductions started to make a claim anyway. Also if this is an ongoing deduction and it happens monthly then the time limit would not be from the first deduction but from the last one as it is classified as a series of deductions and an ongoing issue

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