How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44961
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

the company i work for hasnt given me contract, i started

Customer Question

the company i work for hasn't given me contract, i started working for them in may, pay was agreed and i have worked since. the pay structure was part salary and part performance. I have been paid the salary twice but none of the performance pay has been payed, it now amounts to over £3000, i'm worried that i am going to be forced out this week and will have no claim to my money as it is all verbal. i hate working there now and just want to leave but with that amount outstanding and bills piling up i don't really think i can afford to.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Do you have a specific question?

JACUSTOMER-lz09bj2q- : Do I have a claim to the money owed if I resign? And is what they are doing breaching the law in any way? Also my pay slip and that if some of my colleagues indicate that no tax is being paid?
Ben Jones : Hi sorry I was offline by the time you had replied. Whilst the law has been breached in some ways, it may not necessarily be easy to pursue. Under law an employer has a duty to issue it's employees with a written statement of employment particulars within 2 months of them starting their job. This is not a contract of employment but contains many of the things one would expect to find in a contract. This would have probably contained something about your remuneration as well, clarifying how much you are to be paid. The problem is that you cannot just make a claim for the employers failure to provide such a statement. You can only claim if you have another valid claim against them, such as unfair dismissal, constructive dismissal, etc. You cannot make these claims because you need at least 2 years' service to claim which you do not have. The only claim you can make here is for unlawful deduction of wages arguing that you were not paid what was initially promised to you. However you need to provide evidence that was the case otherwise anyone can claim they were promised something even if that was not the case. If the only evidence of this was verbal then that would make the claim somewhat difficult to pursue as it would be your word against your employer's. It would be for the tribunal to decide whether they have enough evidence just based on your verbal account and also to decide who they believe more in this case. It is an uncertain outcome and no one can really guarantee whether you will be successful or not. If you are then you can also pursue them for compensation for failure to provide the written statement at the start if your employment as you would now have another valid claim that you can pursue against them. So you do have rights in this situation but not necessarily easy to pursue and certainly impossible to guarantee in any way that you will come out victorious in the end.
Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions