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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If I worked for 8 weeks in a job with a promised payrate and

Resolved Question:

If I worked for 8 weeks in a job with a promised payrate and after that time was told they could not pay me at that rate then or in the future, is there anything I can do to reclaim the money I expected to earn in the first 8 weeks?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Were you an employee or self employed?

Customer:

I am an employee.

Ben Jones :

why is the employer unable to pay you at the agreed rate?

Customer:

It is a school and they are telling us that the education authority have told them they cant! We are not entirely convinced this is the case but cant get any other information. They are claiming its a parity issue with other schools and our school will lose thousands of pounds in claims from other schools if they pay us at higher rate.

Customer:

Its a job as a casual midday lunchtime supervisor. We are all teachers in the school and its a different contract to our teaching one so our unions do not cover it.

Ben Jones :

This potentially amounts to an unlawful deduction from wages and breach of contract.


 


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. Also state 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 the following form (ET1) needs to be completed: (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/225526/ET1_Combined_v2.3.pdf)

  2. County Court – whilst this is not free, the time limit for claiming is 6 years. Therefore, it is useful if the Tribunal deadline has been missed. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


Hopefully by taking any of these steps the employer will be prompted to reconsider their position and try to resolve this without having to take the matter any further.


 

Customer:

Ok thanks for this.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best

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