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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Please advise me as to what action I can take when my

Resolved Question:

Please advise me as to what action I can take when my employer does not pay my holiday pay as well as not paying me for all the hours I have worked because the phone line for clocking in was not working?
Submitted: 29 days ago.
Category: Employment Law
Expert:  Ben Jones replied 29 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 29 days ago.

When were you due to be paid for these?

Customer: replied 29 days ago.
The following information details all of the work I have done for Servest which I still need paying for:
Under paid by an hour in April, May and June = 3hrs
Under paid for extra work in Walton on 21st July = 5hrs
Under paid in August =18.5hrs
Holiday pay due
May =12hrs
July =2hrs
August =2hrs
Then I will be due
24hrs Holiday pay and 24 hrs working pay for my next pay day
All at a rate £7.5
Expert:  Ben Jones replied 28 days ago.

Thank you and sorry I was offline by the time you had replied.

This potentially amounts to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.

Under law, an employer can only make deductions from, or withhold an employee’swages 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 the contract specifically allows for the deductions to be made
• If the employee has given their explicit written consent

If none of the above exemptions apply, the deductions will most likely be unlawful. To take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedingscould follow to recover what is owed.

If the employer does not return the money as requested, you have the option of making a claim either in the Employment Tribunal or the County Court to get what you are owed.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you are to make a formal claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Expert:  Ben Jones replied 28 days ago.

Thank you. 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. Before making the claim ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.