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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son is a private carer s employer is luther the payments

Customer Question

hi my son is a private carer his employer is luther king
the payments come from lambeth council.
he should have been payed last friday and wasn't
this week they put the funds in the account but have ask pay-packet to retaliate his pay
his hourly rate is £12.00 They have ask them to reduce to £ 8.00 an hour after he has already done the work
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months 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 6 months ago.

Who is his employment contract officially with?

Customer: replied 6 months ago.
luther king
Expert:  Ben Jones replied 6 months ago.

Have they said why they want to reduce his pay now?

Customer: replied 6 months ago.
they want to reduce his hourly rate for the hours his already worked he should have been paid last friday they have said he should get payed today
Expert:  Ben Jones replied 6 months ago.

If he was contracted to work at a specific rate and he undertook the work n that assumption and under that agreement then he is entitled to be paid that rate. If they do not do so, they will potentially be acting in breach of contract. If he is an employee, rather than self employed, he would also be able to argue tat this was an unlawful deduction of wages. Whilst the delay in payment is also a potential breach of contract because they are not adhering to the terms of the agreement, that would be more difficult to pursue because by the time he makes a claim to argue that the chances are that he would have been paid so claiming for the delay is less realistic. However, he can certainly pursue the under payment and to try and get the difference in pay based on the originally agreed rate.

There are a couple of options for him to do so, but before he does either he should try and resolve tis directly with the employer – this needs to be taken up with the party with which he has a formal contract with as they would be responsible for the pay he is due.

This is your basic legal position. I have more detailed advice for you in terms of the options he has to take this further formally, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 6 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 6 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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