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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 11352
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am in the middle of a claim of earnings following

Customer Question

I am in the middle of a claim for loss of earnings following a road traffic accident.
The sticking ground appears to be on what my earnings should be calculated. I believe it should be take home pay – as per the Gourley Principle.
However, my situation is, that I worked for an umbrella company and was paid in “expenses” as opposed to salary per se. But as the principle states, the loss of earnings should compensate me, like for like, as if I was actually in the working scenario. My excluding he expenses as part of my salary – I will only be receiving half of what I was entitles to if I had not been working under an umbrella company.
I have submitted hundreds of additional payslips, form the earlier contract, NOT UNDER AN UMBRELLA scheme and showing similar working hours, type of work and full salary conditions.
In addition, I only worked for 9/12 of the year and therefore had 3/12 free pay allowances to set against the loss of earnings sum- the insurer is disallowing this, as he said my total earnings would be over the free pay threshold and I could in theory make a repayment claim for the tax suffered in the 9/12 employment period.My question being, would I stand a chance if I went to court to claim my full salary (basic pay plus expenses ) less tax on the basic pay, as the expenses are tax free. I feel it wrong that the insurer is trying to penalise me for being employed by an umbrella company, which is after all a legally accepted set up.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
How long have you worked there for?
Customer: replied 1 year ago.
Sorry, I should have said. It was a contract, which was linked to one I had just completed. ( I had the offer etc in writing) I have established this part already with the insurer and they have accepted that I would officially have been working on this contract had I not had the accident.
Expert:  Ben Jones replied 1 year ago.
No problem and thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. 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.
Thanks for your patience, I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hello Nicola,I am free to wait.
Many thanks.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.
Please close the question and return my payment to me.

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