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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46187
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working as a controller taxi company in london

Customer Question

i have been working as a controller for a taxi company in london for two months i haveno contract no terms and conditions never got a pay slip and the other day they sent me home no reason no warning they still owe me 4 days pay where do i stand
mr G W Shearer
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello have you actually been dismissed and were you an employee or self employed?
Customer: replied 10 months ago.
to the best of my knowledge i have been dismissed they never took any of my personal details never took my NI number or asked if i had the right to work i the uk
Customer: replied 10 months ago.
even if they try to claim it was self employed they must give me a pay slip for tax reasons
Expert:  Ben Jones replied 10 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. 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 10 months ago.
Before I finalise my response can you please go through this site and use the online tool to see what your employment status is likely to be: https://www.gov.uk/guidance/employment-status-indicator
Customer: replied 10 months ago.
they have not got me as anything under this employer only employed under my last
Expert:  Ben Jones replied 10 months ago.
ok don't worry about what they have you as, your employment status does not depend on hat they have got you as but how you are treated, so that is why if you could please take the short test I included and let me know what the outcome is that would be helpful, thanks
Customer: replied 10 months ago.
followed the link cant seem to find any test
Expert:  Ben Jones replied 10 months ago.
Scroll down to Who can use this tool, then at the bottom there is a link which says Access the ESI tool and further guidance Then when the new page opens follow the last link at the bottom of the page
Customer: replied 10 months ago.
ESI reference: E0305161134341 worker is an employee
Expert:  Ben Jones replied 10 months ago.
Thank you. Working on the assumption that you are an employee you have the following rights in this situation: 1. You are not protected against unfair dismissal until you have at least 2 years’ service with them so they can dismiss you for more or less any reason. Therefore, the dismissal itself cannot be challenged2. Your employer has a duty to issue you with a pay statement at or before the time they pay you. Whilst this is a legal duty, failure to issue you with one does not give you the right to give you one. You can instead ask an employment tribunal to issue a statement with reference to what they believe should have been included on such a pay slip. The easier thing is to contact HMRC direct and update them with the payments you have received so that their records are up to date.3. You have the right to be paid for any time worked up to termination. You also have the right to receive a week’ notice. If you have not received payment for these you can make a claim against the employer to pursue them for the money owed. This is your basic legal position. I have more detailed advice for you in terms of the steps you can now follow to get the money you are due, 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
Customer: replied 10 months ago.
ok what is my next step monies out standing is about £800 what will be the approx cost to claim this back
Expert:  Ben Jones replied 10 months ago.
When were you terminated exactly? Please remember to leave your rating so I can continue providing more detail on the next steps, thanks
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46187
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.
Thank you. Not paying you what you are due 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. 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: ***** ***** cost of a tribunal claim is around £400, the cost of a court claim is around £140. One good thing is that you have a free option to pursue this as part of the tribunal pre-claims procedure and if it does not work then you can decide whether to proceed to tribunal or to court. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage
Customer: replied 10 months ago.
i got sent home last thursday
Expert:  Ben Jones replied 10 months ago.
ok that's not an issue, you have 3 months for the ACAS process
Customer: replied 10 months ago.
Confirmation of early conciliation notification
Your case reference number is ***** submitted to Acas at 18:01 on 03 May 2016.Thank you for your early conciliation notification.
Your notification has been sent to Acas. If you have supplied an email address you should receive a confirmation email immediately. If no email address has been supplied you will receive a confirmation letter through the post. This will explain what happens next.
Increasingly, Internet Service Providers (ISP) and IT Departments are using mail filtering systems to try and keep SPAM out of customers' inboxes. Sometimes, they accidentally filter the email that you want to receive. In many cases you are not notified (and neither are we) that the email did not deliver.
To make sure that acas.org.uk emails are not filtered into your "junk" or "bulk" folders, please add acas.org.uk to your list of trusted senders.
The time and date of receipt shown at the top of this notification is important. Any unexpired time limit for making a claim to an Employment Tribunal will be paused from this date onwards. You now have at least one calendar month or until conciliation is completed before the time limit to make a claim restarts. This gives you a protected period of time in which to participate in Early Conciliation.
For an individual claim your case reference number, beginning with R above, should be quoted when you contact Acas.
For a Representative of a group of claimants, each claimant has a case reference number, beginning with R above. However for ease of reference you will receive a group reference number beginning MU separately, this should be quoted when you contact Acas.
Expert:  Ben Jones replied 10 months ago.
ok great so just proceed with this process for the time being
Expert:  Ben Jones replied 10 months ago.
Then if you anage to settle you will get paid what you agree, if you cannot settle then you can consider the other options on making a formal claim

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