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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Madam,My name is*****

Customer Question

Dear Sir/ Madam, My name is***** citizen, currently living In UK and working as a nurse. In the 27th of April this year I started working at Forest Manor Care Home, Sutton In Ashfield, a care home owned by Asha Healthcare. As I agreed before with the owner and the home manager, they should paid me a permanent contract of 33 hours/ week, with a pay of 12£/ hour. When I start working they named me on rota as being "bank". I asked the receptionist firstly, as she was there at the first hour, what means that. She said that means I will not get the contract 3 months as I am in probationary period. I sent then messages on phone to the owner to ask for my contract. The mobile number it has been the only contact detail I have it. After 6 days still no answer from owner. Meanwhile I asked several times the receptionist about my contract. She said the contract should arrive from main office. As I was afraid to work even one day with no signed contract, I sent again message to the owner and explained him in that case as they did not offer me any contract, I will not come anymore. I sent an email to the manager as well. And I asked for some explications, about the delay. However, I worked there 36 hours, during the week, as following: 27 April 2015 from 8am- up 8pm 28 April 2015 training in the home, about 1 hour. 29 April 2015 from 8am-up 8pm 30 April 2015 from 8pm-up 8am And they did not pay me for these hours. As I sent them messages I wanted to find out if there are some issues. We could talk about these if were. Meanwhile I lost other 2 weeks with any payment up I found other job, being able to start. I am a foreigner citizen and I do not know how is working the law here. Kindly please advise me how should I proceed to get paid for my working time. Many thanks. Regards, ***** *****

Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you been back to the care home to see the manager and asked for a explanation about the money owed to you please.
Customer: replied 1 year ago.

And however, they should pay me. I could say I was polite enough and ask for my money. I did not want to let the job. I was expected for some explications. I am a very understanding person, but at their no answers I got really very upset.

Expert:  Ben Jones replied 1 year ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Customer: replied 1 year ago.

Many many thanks.

Have a lovely day.

Kind Regards,

Simona

Expert:  Ben Jones replied 1 year ago.
Thank you I will get back to you later this afternoon.
Customer: replied 1 year ago.

Hi Ben, I tried to speak with you from your page, but they ask me again for payment.

Expert:  Ben Jones replied 1 year ago.
OK please leave this with me I will get back with my advice on this ASAP regards Ben.
Customer: replied 1 year ago.

OK. Thank you

Expert:  Ben Jones replied 1 year ago.
Hi Simona, 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, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ben, many thanks for your advice. I am going to send them a letter with a special delivery. In case of a negative result, I will be back to you.

Have a quiet night.

Kind Regards, Simona

Expert:  Ben Jones replied 1 year ago.
You are welcome, hope all goes well

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