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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Just left a company I was cis self employed I was on a training

Customer Question

just left a company I was cis self employed I was on a training course in july for two weekends sat an sun which I did not get paid for
know the company has withheld my wages for payment for this course is this legal thankyou
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was there a contract which stated you would be liable for this course's fees? Or was there any other agreement in place to that effect?
Customer: replied 1 year ago.

no contract

Expert:  Ben Jones replied 1 year ago.
They can only withhold your wages if there was a specific contractual clause allowing them to do that or there was some other agreement, written or verbal, making you liable for these fees. If no discussions were ever held about this and the employer sent you on this course and you were under the impression that you were not liable then they cannot now claim that you should have paid them. They should have made it clear at some point, ideally before you attended, that you would be liable for them.
By withholding your wages they have now likely acted in breach of contract and you can treat this as money they owe you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

could you email this answer to me thanks

Expert:  Ben Jones replied 1 year ago.
Sorry we cannot email customers but you can just copy and paste this and save it yourself. All the best

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