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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47901
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I worked over Christmas so my pay should have been triple pay

Resolved Question:

I worked over Christmas so my pay should have been triple pay and time and half, this should have been paid in this month wage, I have told my employer but all I got back was it might be in next months wage, which means that I have to wait three months before I can get my money owned to me, please can you advise me what to do thanks
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. Why has there been a delay in payment?

Customer:

im not sure why the payment is delayed, but this also happened last year with someone else please advise

Ben Jones :

Have they agreed that you will get paid this amount next month?

Customer:

I hope so

Customer:

if not what can I do

Ben Jones :

How long have you worked there for?

Customer:

I have worked with them for over 5 years

Ben Jones :

How much are ou owed?

Ben Jones :

you

Customer:

Christmas week should have been £324 then another £290plus on top of my nomal wage

Ben Jones :

If the employer has not paid you the pay you were due then that will potentially amount to an unlawful deduction of wages, which as the title suggests is illegal. Whilst you can certainly raise this issue with them and complain about the non-payment, if they do not resolve this now and wait until next payday then you need to consider what to do next. You can make a claim in the tribunal to pursue this but by the time the claim is heard you are likely to have been paid anyway and this is really something that is best pursued if the employer refuses to make the payment at all, rather than just delaying it.


 


So you do have protection but it is not going to be the most efficient way of dealing with this and it only really exists to protect you from a refusal to pay you the money, not from a short delay. Unfortunately apart from raising this matter internally, such as through a grievance, you cannot really pursue anything else to ensure that the payment is made now and not delayed any further. Then remember if it is not made next time round you could consider making the claim if it appears they are trying to avoid paying it at all.

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

thanks for the information this has helped me I will take up what you have said,

Ben Jones :

You are most welcome, all the best

Customer:

thank you and goodbye

Ben Jones :

Bye

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