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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Following a dispute, I resigned from my position from the family

Resolved Question:

Following a dispute, I resigned from my position from the family business. I did not receive my last weeks pay or any holiday monies due to me, I had been employed for 40 years and cannot locate a contract of employment. I have checked with the company accountants who operate the payroll they have confirmed the last weeks pay was processed however the money has not been paid by the company. I propose to claim constructive dismissal in due course in the interim how can I claim the money due
Many thanks
Paul
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. Jow do you usually get paid, direct into the bank?
Customer: Hii Ben, yes all employees are paid direct into their bank.
Ben Jones :

when were you due to be paid?

Customer: The pay was due on 12th March. The accountants confirmed by email on 18th March that the pay had been processed. Paul
Ben Jones :

If you are going to make a claim for constructive dismissal then there is little point in making a separate claim now to pursue the money for your last week’s pay or any holiday pay. You would be making the claim for these in the employment tribunal so you don’t want to have two separate claims (and pay separate fees at the same time). Therefore, if you are going to make a constructive dismissal claim, you can include with that a claim for that money and pursue everything together.

If you decided against pursuing a claim for constructive dismissal then you can still make a claim for the money in the tribunal. 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.

Ben Jones :

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer: Yes thank you Paul
Ben Jones :

you are welcome

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