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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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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