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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My husband is long term sick and he is paid monthly through

Customer Question

Hi, my husband is long term sick and he is paid monthly through a company PHI Scheme. My husband is in residential care, which we have to contribute towards from the money my husband receives. The company didn't pay his January payment until 19th Feb, after much chasing from me and now they haven't paid his February payment which was due 29th Feb. I have sent numerous e-mails to the Finance Director, who was dealing with it, who hasn't responded and won't take my calls. I am being chased by his care providers for payment as he is now in arrears. I'm at a loss as to what approach to try next, does my husband have any legal recourse?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Why have they failed to pay?
Customer: replied 1 year ago.
Hi, I don't know as I can get no response from the company. I have spoken to the Insurance Co. who have paid his company the money. I have asked about paying him direct but the Insurance Company [UNUM] say this must be requested by his Company [Headleys]!
Expert:  Ben Jones replied 1 year ago.
Is he still formally employed by them?
Customer: replied 1 year ago.
Yes, as he receives a wageslip every month from them and they still contribute to his pension contributions.
Expert:  Ben Jones replied 1 year ago.
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:{C}· If it is legally allowed (e.g. to deduct tax);{C}· If it is to recover an earlier overpayment of wages made by the employer;{C}· If their contract specifically allows for the deductions to be made; or{C}· 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. If they fail to pay him then he can pursue the matter further as he has a couple of options to do that. This is your basic legal position. I have more detailed advice for you in terms of the steps he can take to pursue this if necessary, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
What would you suggest I do next?
Expert:  Ben Jones replied 1 year ago.
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-tribunals2. 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: ***** ***** 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.
Customer: replied 1 year ago.
Even though the money is paid by an Insurance Company, as I spoke to ACAS first and they said they couldn't help because UNUM were paying the money?
Expert:  Ben Jones replied 1 year ago.
They pay them to the employer and the employer pays them to the employee so technically it should be the employer they pursue. Even if this cannot be pursued with ACAS through the tribunal it can be chased through the small claims court
Customer: replied 1 year ago.
Ok, who in the company should I address the letter to?
Expert:  Ben Jones replied 1 year ago.
His lne manager initially, also if there is a formal grievance procedure he should follow that too
Customer: replied 1 year ago.
I'm not sure who that is, as he has been long term sick for almost 6 years. Unfortunately, he has dementia, so might not remember who his line manager was!
Customer: replied 1 year ago.
How would I find out if there is a formal grievance procedure?
Expert:  Ben Jones replied 1 year ago.
There would be a policy in the workplace, you may have to contact the company and ask these questions
Customer: replied 1 year ago.
Should I try someone in HR?
Expert:  Ben Jones replied 1 year ago.
That would be a good starting pint as they would have more centralised records and they will certainly know about the grievance policy and should know who his manager is
Customer: replied 1 year ago.
Thank you, ***** ***** try that and hope I won't have to go through this procedure every month from now on!! What should I do it nobody in HR will speak to me either?
Expert:  Ben Jones replied 1 year ago.
You have to try and find a way to speak to someone in management or in HR - I do not know the set up of the company so cannot tell you who you can contact or how. If you get no replies then you start sending the letters as outlined above, if it comes to it and a claim must be made then they will be sent a copy so they should reply then at least
Customer: replied 1 year ago.
Ok, I will try that and see what happens.
Thank you.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best