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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a Self Employed Childcare Provider and work as

Resolved Question:

Hello,
I am a Self Employed Childcare Provider and work as a Nanny/Housekeeper for a family in Milton Keynes and for the last month I have overtime, which they refused to pay me.
For the next weeks expect to have more overtime working hours.
Could you help me please to get my money and to clear the misunderstandings?!
Thank you
Stefanie
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello why are they not paying you and how much are you owed?
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
They did last payment on Saturday, 2nd April, but did not pay the difference of the overtime for March - 22,5 working hours. The family owe me - 180 pounds.
Expert:  Ben Jones replied 1 year ago.
Ok and why are they not paying you?
Customer: replied 1 year ago.
They just avoid to pay me and argue me that it is not right. I perform my duties of the best of my ability and they are satisfied of my job. Do you need copy of my e-mail or our Agreement? Thank you
Expert:  Ben Jones replied 1 year ago.
No thanks. 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.
Customer: replied 1 year ago.
Thank you very much. Please confirm do I understood correctly? First I need sent them a Reminder letter by Post, right? It's not clear to me, what time to give them for the debt? Can I define those time myself?
Second - if the family not pay the overtime on a certain time frame, I need to sent them a Letter before action, right?
Expert:  Ben Jones replied 1 year ago.
It does not have to be by post it can be an email if needed. You can set a time limit yourself like 7 days or a specific date. If they do not pay you as requested in your letter and by the date requested then you can proceed to the letter before action
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
O'k, understood. If things goes wrong again, could I arrange a consultation exactly with you Mr. Jones as I am satisfied of your advice? I've just tried to call you and express my thankful. Thank you very much. Best Regards, Stefanie
Expert:  Ben Jones replied 1 year ago.
Yes of course just start any new question you post with my name and I will get it thanks
Customer: replied 1 year ago.
Will be in touch with you.Many thanksStefanie
Expert:  Ben Jones replied 1 year ago.
All the best
Customer: replied 1 year ago.
Hi Mr Jones,
It's Stefanie again. The things are risen - I called the family and wanted talk to them today. They said that will Terminate the Agreement. But regard the Agreement any party need to gave a notice of no less than five weeks. They would terminate because I requested the money they owe me. What to do next, please?!
Customer: replied 1 year ago.
I did sent the Reminder letter already.
Expert:  Ben Jones replied 1 year ago.
Are they willing to give you or pay you for 5 weeks notice?
Customer: replied 1 year ago.
I don't think so. They are difficult when it does to pay. I had a the same problem two weeks ago.
Customer: replied 1 year ago.
And that's not correct and not fair. Regard the Agreement the need to pay my accommodation as well. If they terminate the Agreement eithout any notice what about the place I live?!
Customer: replied 1 year ago.
Sorry. Will write again. Regard the Agreement they need to pay my accommodation as well. If they terminate the Agreement without any notice what about the place I live?!
Expert:  Ben Jones replied 1 year ago.
Hi, sorry I have been in and out of court today so difficult to respond. As you are self employed you are not protected against unfair dismissal so they can terminate your contract at any time. However, they would be required to follow any cancellation clauses in it, which means that if a notice period is required to terminate it they must give you that, otherwise they will be acting in breach of contract. So whilst they can terminate the agreement with no notice, they will be liable for any losses incurred as a result of that breach, so if you are left with no accommodation or pay for that time, you can add on these claims when you pursue the overtime.
Customer: replied 1 year ago.
Good morning Mr Jones,I got they called - Notice of Termination of Contract yesterday, 3rd of March.
The Family did not fallow any cancellation clauses, even more - acting to me very rude, accusing me of things I haven't never ever done, without any proves, trying to scary me, harass me via texts till late evening. What I need next to do? Thank you
Customer: replied 1 year ago.
And another question. Mr Jones: If that is Notice of termination, does that mean they must to fallow the cancellation clauses, do they?
Expert:  Ben Jones replied 1 year ago.
Notice of termination would indeed require them to give you the notice period stated in the contract, unless you had been guilty of a serious breach of contract yourself, which is not the case here. So do not respond to any threats, rude messages, et – just follow the steps I gave you yesterday to pursue the amount you are owed, both for notice period and for overtime.
Customer: replied 1 year ago.
O'k, understood. Will do what needs to be done. Will keep in touch with you. Thank you very much indeed. Best Regards, ***** *****
Expert:  Ben Jones replied 1 year ago.
Best of luck
Customer: replied 1 year ago.
Hello Mr Jones,Hope you are well.I am about to sent the Letter before action. All day I was thinking how to write it and would like to ask you: I understood the notice period as should they gave me opportunity to work during this time frame or if they are not willing to do it, they must pay my the wage for this time, isn't it?
Just I hesitate how to describe it?!Thank youBestStefanie
Customer: replied 1 year ago.
Other question, Mr Jones: There is a clause in our Agreement, that the family have agreed to rent an accommodation for me, but it's a different notice period - 1 or 2 weeks, and it's paid for this week. How to calculate the cost of accommodation during the notice period?
Expert:  Ben Jones replied 1 year ago.
Hi yes if they cancel the agreement they must either allow you to work through that period and pay you as normal or terminate your employment immediately and pay you 'in lieu' of notice, so the equivalent you would have earned had you been allowed to work. For accommodation you just need to estimate how much it would be to rent asimilar place somewhere nearby for that period
Customer: replied 1 year ago.
O'k. Thank you.
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best