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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My friend is in full time employment but has not been paid

Resolved Question:

My friend is in full time employment but has not been paid by his employer for 2 months. They simply state he will get paid next month and are sorry for the delay. He is still working under the premise that if he leaves he will never get any money. What can he do?
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. How long has he worked there for?

Customer:

about 6 months

Ben Jones :

ok let me get my response ready please

Ben Jones :

By not paying him, the employer is guilty of an unlawful deduction of wages, which is made illegal under the Employment Rights Act 1996.


 


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. Advise them 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, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

  2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.


 


The employee can also raise an internal grievance but if he is forced to leave the job as a result of this or dismissed, then he cannot challenge that and can only pursue the employer for the money owed, which he can do as described above.

Customer:

ok thank you very much

Ben Jones :

you are most welcome, all the best

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