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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My partner hasn't been paid correctly from his boss for

Customer Question

Hi, my partner hasn't been paid correctly from his boss for the last 2 months due to the company he works for doesn't work at the Norwich depot anymore. He got his wages but they are not corrects and need still £1000 or just over. We keep calling them to then be told we will sort it in couple of days then it will change to weeks. This has been going on for 2 months. We need his wages asap due to financial difficulties as a result. What can we do or you do ?
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.
Expert:  Ben Jones replied 1 year ago.
Do you know if the company has financial problems?
Customer: replied 1 year ago.
No they don't.
Customer: replied 1 year ago.
We just need his wages properly as it's causing us financial difficulties as a result.
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. He can therefore take the matter further if needed. Nothing will unfortunately guarantee that he gets the wages straight away because even the formal process may take time to be finalised but at least he knows that he can pursue them for this if necessary. This is your basic legal position. I have more detailed advice for you in terms of the steps he needs to follow to take this further, 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.
I have gave you a 5 star rating. Which steps could I take to get his wages?
Expert:  Ben Jones replied 1 year ago.
Thank you. 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.