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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44903
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I really need advice :( Employer has not been paying tax

Customer Question

I really need advice :(
Employer has not been paying tax and NI on my salary. The employer has also been under-paying me significantly (average £900 a month) on a £30,000 PA salary.
The reasons for this i'm told are:
1. We wish we could pay you more but we cannot afford it at the moment
2. The company doesn't have the funds
3. When we find investors we will pay you back
My 12 month contract just expired. Yet i'm still being asked to work and no contract has been presented.
They have told me i'm getting a pay rise and a new contract. Have been promising this for 5 months now.
I feel very trapped in the situation. I raised my concerns and told them I can't work like this, and that I quit (verbally in the heat of an argument, which personally I don't see as unjustified) - they then continued to keep me working for them. Sometimes working 50+ hours per week.
Always with the promise of "you will get equity when we get investment. You will get a pay rise and backpayments!". - Whenever I try to bring it up, i'm told "well you quit 5 months" so technically we don't have to pay you anything. Yet still i've been working nearly 150 hours per month since and in normal pre-texts I am still employed. Nothing was formally in writing. They did not end the contract themselves in writing and have continued to act as if i'm employed; hence them still paying me random dribs and drabs
Unfortunately now i'm so depressed by the situation I do not want to work for them. I am completely being manipulated.
My questions:
1. What can I do here?
2. If I said in verbal passing that I quit, does this actually constitute as ending the contract despite them continuing to use me as a resource?
3. Is any of this legal?
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. How long have you worked there for and did you have a contract which stipulated your salary?
Customer: replied 1 year ago.
Hello Ben - I have worked there for 12 months now. The contract which stipulated my salary expired several days ago. It was signed by both of us on October 27th 2014.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and 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 1 year ago.
Many thanks for your patience. The first thing to note is that if you were on a fixed term contract which has not been renewed, but you have continued to work with the employer doing more or less the same job, it just means that the original contract still exists and applies. Basically, the end date of that contract is being constantly moved forward until your employment is terminated or a new contract is offered. So your original contract would still apply in your case.
The fact that you quite does not mean anything because if you continued working for them and they accepted you back, the resignation would have been cancelled and your employment would have continued. So you would still be entitled to be paid for the time you worked after that. They cannot get away with not paying you just because you resigned in the heat of the moment but then came back.
Your options now are as follows:
• You can resign for definite and pursue them for any money owed to you
• You can continue working there and pursue them for money owed
Basically you will have the right to chase them for the money they have underpaid you by because this is a contractual right you have and by not paying you as per the terms of the contract their actions can amount to unlawful deduction of wages.
Whether you resign or stay there, the steps to pursue this are the same. 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 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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