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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good morning. Im a Polish citizen living in the UK for nearly

Resolved Question:

Good morning. I'm a Polish citizen living in the UK for nearly two years. My current employer doesn't pay me the amount we have agreed to. Every single payslip is underpaid. I have to call them every single time then they say that they would correct it, most of the time they don't so the problem is carried forward and with time it is obviously impossible to see a clear picture. Also, I wasn't told that I would have to pay my employer's NIC. Can I do anything about it?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have a written contract which says how much you should get paid?

Customer: Yes I have. The problem is that neither my working hours nor my rates are correct. The issue also is that as an agent I am employed by one business and payed by the other. So the first gives me work the other pays me. There is always an explanation on one of the side that the other made mistake. I'm kept promised that such situation would not happen again and the next week it does. It's is now for a number of weeks.
Ben Jones :

How long have you worked there for?

Customer: Are you there?
Customer: Two months.
Ben Jones :

Why do you hve to pay your employer's NIC - how does that work according to your employer? This is entirely their responsibility

Customer: It's not only this. When I talked to the agency was sure that I would be employed by them. Then I got some papers from umbrella company who happens to be my employer. They charge me £15 admin fee plus the EerNIC so I pay everything. Now an example my last week' a payslip should be for £531. What I saw yesterday was 291. Gross. Umbrella also does two calculations. One is so called a detailed payment and another payslip. It differs the way that on the detailed one I have £330 gross with rate £8 something and instead of 63 hours only 40. The. On my payslip I have £291 gross. Both 330 and 291 refer to the same period. Aaa, also the rate on a payslip changes from the said £8 to the minimal£6.31. When I ask why they say it is for taxes. But I argue, try, that I don't earn 6 pounds and then there is the silence.
Ben Jones :

Your rights will depend on what was actually agreed, what contract you signed and the arrangements with your employment – something which someone can only determine if they sit down with you and go over all documentation and establish what your actual position is. For us that would be impossible to do as we are limited to discussing this online only.


 


Therefore, I cannot say whether what you are being paid is what you are actually entitled to but I can advise on what you can do if it turns out that you are being underpaid.


 


If that is the case then it potentially amounts to an unlawful deduction from 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.


 

Customer: Thank you. Is it better to stay there or try to find another job? What with the references after such a work completion?
Ben Jones :

Only you can decide whether to stray or go - this is really a personal decision for you to make, depending on how you feel about working there and if you know you can find something else that you would rather do. As to a reference, they do not have to provide one at all but if they do then it has to be accurate and truthful to represent the facts

Customer: Ok. Thank you. Btw, how can I get a copy of the conversation ?
Ben Jones :

You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer: Thank you. Your advice was good.
Ben Jones :

Many thanks, ***** ***** best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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