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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46173
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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There, I wondered if I could please have some advice.

Customer Question

Hello there, I wondered if I could please have some advice. I have been employed by a training provider since the end of September (previously completing some freelance with them). However, there have been payment issues since the start of my work there. I have sent the following email to them, but unsure what my rights are and how I can move forward. I was paid for October 21 days late, and via a bank account of another (senior) employee- a rounded net figure, with no payslip to demonstrate where my tax and NI contributions went.
The leave I speak of is Maternity, although I am only taking holiday leave. The irony of the situation being that I cannot afford to take a maternity leave. I am having a baby on Monday via c section with health issues and will be unable to fight this issue any further by myself. The owner of the company had blocked my mobile number.
Any help would be greatly appreciated.
Thank you, *****
Email:
From:
Date: 18 December 2015 at 17:41:36 GMT
To: ***** *****
Subject: Payment of salary
To whom it may concern:
I am going on a short paid holiday break and will be out of office using my last years' holiday entitlement and two weeks' worth of my new year holiday entitlement until 15th January 2016. I return to work on the 18th January.
I wanted to send a reminder that I am still awaiting the following payments as a matter of urgency, a time during which I have still been actively working despite difficulties and barriers within my team (due to their own payment issues).
£300 freelance payment from September 2015
£1700 (net) salary payment from November.
In addition, I will be expecting a payment of £1700 (net) in 11 days time to cover December.
Please can I be notified when I will receive these sums of money?
I would also like to request my payslip for the month of October (which I eventually got paid on the 21st November). I was paid £1700 net, but a payslip will allow me to track my Tax and National Insurance contributions, and I will need this document should the company fold and I am required to go to the Job Centre for support.
I have been very patient so far, and continued to work hard. However, I am now wanting answers as to when wages could be expected. Sadly my family, and families of other employees will be missing out this Christmas, and calls for answers as to when we will be paid have unfortunately been ignored by company owners so far. I feel this is both disrespectful and also a cause of extreme worry to front line staff who continue to work hard in the, perhaps vain, hope that monies will be received.
I will await your response, and if I continue to be ignored I will need to continue my contact with ACAS for further support in this matter.
Thank you and kind regards, ***** IQA for HSC and CYPW | Level 5 Professional Higher Level Apprenticeship Assessor
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Do you need more info?
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.This potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996 and also a breach of contract. They will be treated differently because one is an unpaid salary as an employee, the other is pay owed to you as a contractor. As far as the wages are concerned, 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. The withholding of the contractor’s pay would be a breach of contract, not a deduction of wages. 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. You can only use this rote for the employee’s wages.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: ***** ***** can use this route for both the wages and the contractor’s pay so you may wish to go down this path just to consolidate the claims. 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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Hi Ben, that's really helpful, now that I can directly quote, I feel I have something solid to work with- so thank you.Just one more query though, if you don't mind. Last time I (eventually) received my wage, I was paid via another employee account (and not via the BACS system), and it was a rounded figure of £1700. With my salary and tax code I should expect to receive just under this amount, but I also didn't receive a payslip. This makes me think that perhaps they paid me 'cash in hand' style, and have kept the difference as would be deductions for themselves. If my suspicions are correct, will this have a negative impact on myself lawfully? Obviously I cannot prove that I have paid tax and NI, but the amount I received suggests that it has been paid on my behalf by the employer (I don't think it has), however I have no payslip to prove this. If a lawful issue arose against me, would continuously asking via email (and keeping these emails) for my payslips be enough evidence to keep me out of trouble with the tax man?Sorry, I do hope that makes sense. Thank you.
Sam
Expert:  Ben Jones replied 1 year ago.
It should not affect you because the employer has a legal duty to issue you with an itemised pay slip at the time of payment so you can see what deductions have been made. If they did not and you did not have a clue what you were paid for and what deductions were made, then it will not go against you. The employer would have had a duty to deduct the tax under PAYE so they would have joint responsibility. It does not mean you will get away with not having to pay tax on an amount which you should have paid it on, but the employer will have to bear some of the responsibility and in any event, HMRC will just ask for payment of the tax, which would not be much – they will only take further action and impose penalties if you do not ay as requested.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46173
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.
Expert:  Ben Jones replied 1 year ago.
You are welcome

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