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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49091
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Last month I worked 163.74 but my employer says that he is

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Last month I worked 163.74 but my employer says that he is require by law to deduct 15min off short shift and 30min off of long shift in anything over 6 hour so I walked away with 139.92 hours before tax I'm not sure what to do in the current situation

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

Did you have this time for breaks?

Also, how long have you worked for this employer for?

Customer: replied 1 month ago.
Ben I don't get any time for brears at all some of my shifts I'm in the shop myself I have worked for the employer since the 24 august so I have been paid 3 time but only revived 1 pay slip I have been asking for the other but the have never been seen my any member of staff yet they say it's rare for u to actually get a wage slip

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, 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.

Many thanks for your patience. First of all you are legally entitled to receive an itemised pay slip at or before the time you are paid. This is a right under the Employment Rights Act 1996.

Secondly, there is no legal requirement for the employer to deduct 15 or 30 mins as they claim. What they may be referring to is the legal breaks you are entitled to, which are a minimum of 20 minutes for every 6 hours of work. They do not have to pay you for these, so assuming that you are allowed to take these breaks, they can indeed deduct them from your hours as they are not legally paid. However, if you do not get the chance to take these breaks you can certainly state that you should not have anything deducted and if they wanted to deduct that time they must ensure you have the chance to take your breaks. So if they continue deducting money like this you start taking your breaks whether you would normally have the chance to or not.

If you are not allowed to take the breaks but they continue taking these times off, you can argue that the employer is guilty of unlawful deduction of wages and can pursue them to recover what was unfairly taken off by them.

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 options you have on taking this further if things do not get resolved. 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

Ben Jones and 2 other Employment Law Specialists are ready to help you

Thank you. As mentioned, this potentially amounts to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.

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 proceedings could follow to recover what is owed.

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.