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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I was recently suspended on full pay but they only paid me the basic salary at 37.5hr a we

Resolved Question:

I was recently suspended on full pay but they only paid me the basic salary at 37.5hr a week over a period of 13 weeks whilst they carried out there investigation, as I understand it my pay should have been calculated at average earnings according to there disciplinary and polices and procedures.
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
How long have you worked there for and how long were you suspended for? Has the disciplinary matter now concluded?
Customer: replied 1 year ago.

Worked there for 1 year 3 months, I was suspended for 13 weeks, yes the matter has been concluded got verbal warning

Expert:  taratill replied 1 year ago.
Please can you tell me how your pay is made up? Is it basic pay plus commission?
Customer: replied 1 year ago.

Guaranteed weekly hours 37.5 per week

Guaranteed daily hours 7.5 per day

Shift length in normal circumstances drivers will not be scheduled to exceed a shift length above 13 hours

Average shift length is between 10 - 13 hour

Expert:  taratill replied 1 year ago.
In accordance with your contract they are in breach of contract if they fail to pay the average amount and you can claim in the Employment Tribunal for your losses on the basis that it amounts to an unlawful deduction from wages.
You first need to instigate ACAS early claim conciliation and if that is not successful you can raise a claim.
The employer cannot take action against you for raising a claim of this nature.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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