Employment Lawyers Can Answer Your Employment Law Questions
Hello are you prepared to work despite not having been paid?
Thank you. The failure to pay you the wages you are due would amount to an unlawful deduction of wages. You are protected against that and there are ways of trying to recover that money. However, it is not a quick fix and a formal claim will have to be made. You are allowed to consider whether you wish to continue working for them as a result of this because the mon payment of wages can amount to a serious breach of contract, allowing you to leave with immediate effect. So you need to make a decision whether you want to risk continuing working there when you may not be paid or if you want to leave now and just pursue them for the amount already owed to you.
There are a couple of ways to pursue the money owed, one is via the employment tribunal, the other is via the county court. Before you consider either of these, I suggest you try and resolve this internally by raising a formal grievance. If that does not work and it appears that payment will not be forthcoming, then you can start thinking about taking formal legal action.
This is your basic legal position. I have more detailed advice for you in terms of the steps tou need to follow to take formal action, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Thanks and all the best
Thank you. If you do not get paid what you are due, then 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.