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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47409
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm owed 3 weeks wages approximately 2000 pounds I been told

Customer Question

I'm owed 3 weeks wages approximately 2000 pounds I been told due to cash flow problems I cant pay yesterday I was told to stay at home and when I asked about my wages I was told he would let me know by 5 o'clock how much I was owed I will ring you but he didn't ring I have the hrs all mark down on my phone I only was there 5 weeks got 2 weeks wages cash I have photos off the inside his workshop as proof I work there and Iknow some of workers should I go to the small claim court or not thanks ***** *****
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I heard him boost about this man who worked for him didn't get payed he has sent cheaky texts but all he say !m not paying him in the 5weeks I worked there 4 people have left with no wages none of the remaining staff only get limited wage but still he keeps bringing in more new staff to replace the ones who left or ot sacked and boost about new machine coming at the end off the month thanks ***** *****
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you still employed by them?

Customer: replied 1 year ago.
No I was told by telephone yesterday at 9.30 to leave I wait out side to 1.30 to speak with boss over mhy wages he said I ring you to tell me what hrs I was owed but he didn't ring
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. 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.

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.

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

Customer: replied 1 year ago.
No that no the problem the problem is I been put off buy this employer about no money while he used me for my idea's on how to do the job then when he was fit to do the job I was told to leave with no wages
Expert:  Ben Jones replied 1 year ago.

ok all you can claim from them is your wages, nit the fact that you feel they used you in that way

Customer: replied 1 year ago.
Ok that all I want to no all I want is my wages I left work on Tuesday eve in London off last week to come home to Ireland I travel back on Sunday to London to be at work on Monday morning till be told to go home that cost me a lot off money when all he had to say on Tuesday was don't come back pat
Expert:  Ben Jones replied 1 year ago.

You are certainly able to pursue them for the owed wages - this is money owed to you and whilst you cannot challenge the termination of the contract you can get what you are due for time already worked. As mentioned I can discuss the two options you have to do this, please leave a positive rating first and then I can continue as discussed, thank you

Ben Jones and 3 other Law Specialists are ready to help you
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-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.

Customer: replied 1 year ago.
Hi Ben I want to go county court how do I go about it
Expert:  Ben Jones replied 1 year ago.

You make the claim via www.moneyclaim.gov.uk

Customer: replied 1 year ago.
OK thank you I will do that ***** *****
Expert:  Ben Jones replied 1 year ago.

You are welcome best of luck