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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am an EU citizen. I got a permanent job with a company in

Customer Question

I am an EU citizen. I got a permanent job with a company in Stockton, England. This is not my first job in the UK. The contract has no probation period at all. The notice period is 3 month. I began working on May 23. I have worked arriving punctually,well dressed and I have performed well. I was living in Bradford before, and I had to move to Stockton, where I am paying a Hotel. I am still paying rent for my flat in Bradford,and that is my official legal permanent address where I have lived for many months. I am registered in the Electoral service there and I pay my council tax there. Now the employer said to me that he will not be able to pay to me this month because I have not rented a property in Stockton. I argued that I am still renting a flat in Bradford, and I have still my legal address there. Whatever happens I will resign, because I do not accept this kind of tricky treatment. But I have some questions:
1.- Can the employer simply skip the payment this month
2.- Can the employer fire me next week before June 23 because in the UK the companies can fire people before the first month on employment,without paying them anything?
3.- I will resign on June 24th, when I will not receive the due payment in my bank account
4.- After my resignation, can I demand from the employer to be paid because of my month of work, and because of the Hotel expenses, and all the expenses I had to fund during my work?
Thanks
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 7 months ago.
Thanks,My employer does not want to pay my first month salary because I have not rented a flat in the city where I work
Expert:  Ben Jones replied 7 months ago.

Please can you first tell me, did your employer offer you the position, based on you relocating to Stockton?

Customer: replied 7 months ago.
The contract is signed between me and the company,and my address is the Bradford address, that is my lega and lpermanent address. There is no mention in the contract about anything like "based on relocation to Stockton"
Please call me ***********
Customer: replied 7 months ago.
The placeof work is Stockton, and I have gone to the office there punctually, renting a Hotel in Stockton. Many employees live in other cities and travel to Stockton every day. There is no reason to skip my payment because of that stupid excuse.
Expert:  Ben Jones replied 7 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but I will review the relevant information and laws and 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45327
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 7 months ago.

Hi there, to answer your questions:

1.- Can the employer simply skip the payment this month

Legally that may not be the correct thing to do but there is nothing topping them from doing that. Whilst you are able to challenge this as non-payment of wages and pursue them for what they owe you, by the time a claim is made and resolved, they would have likely paid you already as it will take longer than a month. You cannot force them to pay you sooner and taking legal action will take much longer than that so in reality they can delay payment even if it is wrong to do so in the circumstances.

2.- Can the employer fire me next week before June 23 because in the UK the companies can fire people before the first month on employment,without paying them anything?

They can fire you in the first 2 years of employment for no reason and without following a fair procedure. But they still need to pay you for the work you have already carried out, so it is not true that they can fire you and pay you nothing - they still have to pay you for the time you have worked for them so you cn pursue them for that money even if they dismiss you.

3.- I will resign on June 24th, when I will not receive the due payment in my bank account

ok you are free to do so at any time

4.- After my resignation, can I demand from the employer to be paid because of my month of work, and because of the Hotel expenses, and all the expenses I had to fund during my work?

You can indeed request to be paid for the work you have been doing but you will not be able to claim expenses unless you were entitled to them under contract. If the contract did not say you can claim expenses then you cannot pursue them for these

Customer: replied 7 months ago.
Thanks for your advice.
Additional questions:
1.- If they do not pay to me, as established in the contract, next Friday. I understand you advice me to wait a time of X months and Y weeks before going to court. What is that prudential time? Is it one month?
2.- After that prudential time, where must I go in order to pursue the company?
3.- Can I pursue the employer because of the lawyer costs, if I demand it after waiting X months and Y weeks?
4.- What do I need to sue the company? Do I need witnesses?
4.- The amount is one month of an annual salary of 50,000 GBP per year. So it is something like 3,000 GBP. Is it worthy to pursue a company in court because of 3,000 GBP?
5.- Why the companies in the UK pay the salaries even after falling in arguments with the employees? Is it because they are afraid of being sued? why is that?
6.- The company says "we cannot pay to you until you provide us with a permanent address". I have already provided them with a permanent address in Bradford. I showed them my bank account I receive there. There I pay council tax and I still pay rent. They refuse to accept that address because they demand that the address must be in Stockton. Is there any sense in what the company is doing or is it just abuse of power?Thanks
Expert:  Ben Jones replied 7 months ago.

1. There is no minimum time to wait but I would say if they have indicated they are not paying you this month then wait until the next pay day before considering further action

2. You can make a claim either in the employment tribunal or the small claims court

3. You cannot claim your legal fees back from them but you also do not have to use lawyers

4. Just proof you were not paid like showing bank statements that they never paid you. Witnesses are not required but if relevant they can help

5. Yes £3000 is not a small amount so you can certainly pursue them for it

6. They are legally required to pay that money and whilst they can try not to pay if they always dos that they will be sued quite often and that will cost the company more in the long run

7. I am not aware of a specific rule but it may be their own internal policy

Customer: replied 7 months ago.
Thanks,
I only began working on May 23rd. The amount owned is just one month. If they do not pay me on July 29 I'll pursue them. Then I will be working for another company in London (they offered a job to me there and I'll begin on July the 4th). I will have not a lot of free time to attend legal businesses. What will be better for me? To pursue them on an employment tribunal or on a small claims court?
Expert:  Ben Jones replied 7 months ago.

The main differences are the costs. For a £3000 claim the court will be £355, in tribunal they will be £390. Otherwise both can have the same outcome

Customer: replied 7 months ago.
1.- The monthly salary amount before taxes, National Insurance, and other deductions is 4,167. The net pay is 3,039. Must I sue them for 4,167 or 3,039?
2.- Can I sue them for the additional 355 I will have to pay in the claim court?
Expert:  Ben Jones replied 7 months ago.

It is the full pre-tax amount. With the new figures the costs change - the tribunal ones remain the same but the court ones increase to £520

You can claim back the claim costs if you win at the end, so you do not sue them for these at the start

Customer: replied 7 months ago.
After winning the 4,167
1.- must I go somewhere and pay 361 because of National Insurance?
2.- must I pay 767 of tax? how do I pay that tax to HMRC?Your help has been incredible, you cannot imagine how bad I felt. Now I feel well. I am myself again.Thanks
Customer: replied 7 months ago.
An additional concern:Up to now I have not told the company I will sue them, but unfortunately I have demonstrated Human Resources manager that I am unhappy with the fact of not being paid.
As the Human Resources manager and some employees in the company behave with no ethics at all, I am concerned that they can invent something to defend themselves against a future sue process from myself:
- They can invent that I have not done my work
- They can invent that I have threatened someone
- They can invent that I have stolen something
They can even provide a couple of fake witnesses that say false things. In fact there are some very young and very proud local software developers who work for the company and who have already have said to me demeaning things just because I am a foreigner.
1.- How real is the possibility of them going so far?
2.- How could I defend myself if I am falsely accused of something?Thanks
Expert:  Ben Jones replied 7 months ago.

Hi, the employer may be able to deduct the tax and NI and pay these on your behalf so the court could award the 4167, subject to tax and NI being deducted. If not, you have to contact Inland Revenue directly to declare you have received this amount and pay them directly.

I think you are getting a bit too concerned with the possibilities of what they could try and do, anything is possible but try not to think about the worst case options at this stage. There is not much you can do to protect yourself so just see what happens once you start pursuing this.

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