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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I worked company as a head chef on a 45 hour contract .the

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I worked for a company as a head chef on a 45 hour contract .the wording on my contract says "You are contracted to work an average of 45 hours per week. This is calculated on an average over 17 weeks."
I left the company after 13 weeks as the owner changed the goalposts a lot ie opening hours etc , although I did leave on good terms, i worked more notice than nessesary and done my best to train new head chef that they put in place etc.
At the time of putting in my notice my manageress advised me to ask the operations manager in writing about extra hours that I worked as we were told verbally that hours worked over would be given as time off (if i was to take it as time off i would have put in 3 weeks notice and not work it!)
I spoke with the operations manager and he told me that" if I was due the money that I would get it " ,straight after this meeting my manageres told me that she had spoken the operations manager straight after me and that he told her that I would get paid, this was said in front of another employee.
since leaving, the company are using delay tactics , saying that they are using an external he company ( I asked for address of the company as i had a letter from citizens advice but none was given) then telling me that they are taking legal advice etc.
How should I best proceed ??
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months 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 10 months ago.

How long has it been since you left the company, and these discussions have been going on?

Customer: replied 10 months ago.
I left the compnony on 3/7 and I find discussions are more 1 way
Customer: replied 10 months ago.
at first I was going through the manageress but she had difficulty getting straight answers
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
thanks
Expert:  Ben Jones replied 10 months ago.

No problem at all.

Expert:  Ben Jones replied 10 months ago.

Thanks for your patience. If you are genuinely owed that money and it was due to you either under contract or formally promised by the company, then you can pursue them further for it.

Therefore 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 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 10 months ago.
just one thing ,does my former employee have the right not to disclose the details of the human resources company that they used ?
Customer: replied 10 months ago.
I ask this because they tell me that their hr company are dealing with it but this has been in with them for weeks
Expert:  Ben Jones replied 10 months ago.

it is possible to do this but at the same time you do not have to wait for them to resolve this if they are not going to do it in a reasonable time

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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