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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48192
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I need advice about my termination. I was terminated by

Customer Question

Hi,
I need advice about my termination. I was terminated by my employer and in my agreement is payment after termination - compensation salary two month payment.
I ask manager who is responsible communicate and take all the paperwork and still
any logical answer and payment. Do I need solicitor or wait- but any solution.
Can I call this act like illegal from my employer?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me why your employment was termenated please. and was this a writen agement for two mounths payment of salary.
Customer: replied 2 years ago.

Hello Ben,

this is termination letter:

It is with immediate affect that I am terminating your contract of employment.

You need to make arrangement to vacate the premisis along with any belongings by 4pm Wednesday 1st April 2015 at the latest.

You are with immediate affect relieved of all duties. This will enable you to seek alternative accommodation and employment.

You will be paid your months notice in due course. Please do not enter

the main house and return all keys to house manager immediatly.

I was employ- housekeeper-supervisor live in,

Any payment did not come to my account. What I need to do.

I ask house manager but he don't have clue what I asking for. my employer don,t want speak to my Im just number of stuff.

Before I was terminated his daughter lose control and act very immature. After I received termination letter. I need my money back

Looking forward Viera

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. This potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:
• If it is legally allowed (e.g. to deduct tax);
• If it is to recover an earlier overpayment of wages made by the employer;
• If their contract specifically allows for the deductions to be made; or
• If the employee has given their explicit written agreement for the deductions to be made.
If none of the above exemptions apply, the deductions will most likely be unlawful. 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.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your answer do I need inform manager because he

is responsible for the paper work and he argue with me any money

for termination

Expert:  Ben Jones replied 2 years ago.
yes you should contact the manager and if needed he will pass it on to whoever is responsible, if not then the tribunal or court option is the next step
Customer: replied 2 years ago.

Mr.Jones,

The termination did very clever person and I am surprise my employer was very satisfied with my work and he don,t want to pay my compensation. I was told.

I need make next step

Kind regards

Viera

Expert:  Ben Jones replied 2 years ago.
Hi to make the next step you have one of two options which you can see in my initial response above - the employment tribunal or the small claims court
Customer: replied 2 years ago.
Thank you for advice
Expert:  Ben Jones replied 2 years ago.
you are welcome, all the best
Customer: replied 2 years ago.

Mr.Jones,

I have positive news the manager who represents my employer just must confirm today- the money owned to me, will by paid.

I ask for the date when the payment will by made.

Waiting for answer.

Expert:  Ben Jones replied 2 years ago.
That's good news hopefully they will pay without any further issues
Customer: replied 2 years ago.

Mr.Jones,

I think they have issues.

Manager announced that the money owed to me for dismissal without cause and holiday money - employer will not pay.

Expert:  Ben Jones replied 2 years ago.
ok in that case you have to revisit the options in my original response and consider if you want to take the matter further, but first send a letter as mentioned