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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My niece works dog grooming , she is now 18 has worked

Customer Question

My niece works for a dog grooming , she is now 18 has worked for about 6 months, never had wage slip, only had very little pay.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What are your questions about this please?
Customer: replied 1 year ago.
I am taking her in morning to see her employer, what are my options please
Customer: replied 1 year ago.
Just had mess from my sister, my niece hasnt been paid for last month, other staff have
Expert:  Ben Jones replied 1 year ago.
So does she simply ant to know what to do in order to get paid?
Customer: replied 1 year ago.
I want to know how shes stands in law, before I take her to meeting in morning, shes had no wage slips
Customer: replied 1 year ago.
She loves working there but i think they are taking advantage of her
Expert:  Ben Jones replied 1 year ago.
An employer is obliged to provide its employee with wage slips at or before the time they are paid. Details here: https://www.gov.uk/running-payroll/payslips She must be paid the National Minimum Wage for the time she has worked. For an 18 year old this is £5.30 an hour. If she has not been paid for the time worked then this would amount to unlawful deduction of wages. She is protected against that and if necessary and take the matter further. This is her basic legal position. I have more detailed advice for you in terms of the exact steps she needs to take in order to pursue the pay she is due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. As mentioned this potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996. You can give your niece the following advice:
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.

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