How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48776
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I drove an HGV company weeks the Lorry was not fit and s

Customer Question

I drove an HGV for a company for 2 weeks the Lorry was not fit for pupose and his attitude was arrogant, when i was going to make a delivery he had me under the truck sorting it because it had a fuel problem, when I had completed the delivery the office staff phoned me on my phone while I was driving, I was in the middle of a busy city, the office were looking for the name of the person who recieved the delivery, unfortunately because of the day I had I never checked the delivery note which only had a signatue which I could not read, the person on the other end of the phone then got annyed with me and told me that I needed to get a name, after this, and considering what I had been through making this dlivery I quit, My Ex employer does not look like he is going to pay me for the two weeks work that I had done and he also said that his accoutant would be in touch regarding unfinished work, this happened on Thursday and I assum that the unfinished work he referred to was Friday, I am worried as I dont know what this means and I dont have any money to get involved in legal battles can you help me
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. Were you an employee or self employed?

Customer: replied 1 year ago.
Employee
Customer: replied 1 year ago.
Hi Ben
Employee
Customer: replied 1 year ago.
I should add that the office were never off the phone looking for me, and as it was my phone and not hands free this was also illegal, the vehicle had an air leak which is illegal the starter motor in the engine was faulty, the curtains in the truck were not blackout curtains so you could not get a decent sleep
Expert:  Ben Jones replied 1 year ago.

Did your contract state that they could withhold any money from you and if so, in what circumstances?

Customer: replied 1 year ago.
When I told him I was Finishing with the job over the phone as I was sdriving home, he told me he would come to my house and pick up the keys for the truck, which he did, and when I asked him how he was going to pay me he said his accountant would be in touch with regard to unfinished business, I can only take from this statement that he has no intention of paying me and is going to take legal action against me
Customer: replied 1 year ago.
I have no money in my phone
Expert:  Ben Jones replied 1 year ago.

Did your contract state that they could withhold any money from you and if so, in what circumstances?

Customer: replied 1 year ago.
I had only worked for him for two weeks and I do not have a copy of any contract
Expert:  Ben Jones replied 1 year ago.

So you were never issued with one at all?

Customer: replied 1 year ago.
No I was never given one, and twice I offered my bank details to get paid, and twice I was told " well get that later"
Expert:  Ben Jones replied 1 year ago.

If they refuse to pay you for the time already worked then that would amount to an unlawful deduction of wages. You will be protected against that under law and you can pursue them for the pay owed to you. It is unlikely that they can pursue you back for ‘unfinished work’ because you are likely to have a valid excuse for leaving the job early, known as constructive dismissal. This is where you are forced to leave as a result of unreasonable behaviour by the employer and it allows you to leave with immediate effect and without giving them notice period.

In the absence of a specific contractual clause they cannot withhold your pay or charge you for unfinished work so if you are not paid for the time worked you can take this further and get the money you are owed.

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

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Can you give me this advice please
Expert:  Ben Jones replied 1 year ago.

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-tribunals

2. 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: www.moneyclaim.gov.uk.

Hopefully 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.

Customer: replied 1 year ago.
Thanks Ben
Customer: replied 1 year ago.
am I liable to Prosecution or costs for not working on Friday i.e the Unfinished Business
Expert:  Ben Jones replied 1 year ago.

As mentioned that is very unlikely because you will have a valid reason for leaving early that being constructive dismissal