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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My employer didn't pay me. I worked for him from 1st to 24th

Customer Question

Hello,
my employer didn't pay me. I worked for him from 1st to 24th July and he was supposed to pay me monthly, but at today (10th of August) he still didn't pay me. I didn't have a written contract, but he agreed with me, before I started, to pay me £7.50 per hour. Moreover I'm sure some people that use to see me working in the shop can confirm I was working there and my name, as employee, is written on the report of an health&safety inspection that occurred in the shop while I was working there. My employment terminated with a verbal agreement as well and my employer assured me he would have pay me all the hours I worked. I also texted him twice to remind him he didn't pay me yet and telling him, very kindly, that I really need my money and he didn't even answer me, he just ignored my message and this make me think he's not willing to pay me. There is anything I can do legally to solve the problem? Thanks
Submitted: 1 year ago.
Category: Law
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. Were you an employee or self employed?

Customer: replied 1 year ago.
Employee, we didn't have a written contract to establish this though
Expert:  Ben Jones replied 1 year ago.

This likely 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 and you can consider taking this to the employment tribunal or the county court to get it back.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to 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

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Expert:  Ben Jones replied 1 year ago.

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.
Thank you Mr. Jones. The letter should be written just by me or written or at least signed by a solicitor/barrister?
Expert:  Ben Jones replied 1 year ago.

you can write the letters yourself, there is no need for it to be written by a lawyer, it will just cost you more money

Customer: replied 1 year ago.
OK, thank you very much for your help!
Expert:  Ben Jones replied 1 year ago.

You are welcome

Customer: replied 1 year ago.
Sorry, last question.
Can I send him an e-mail or has to be a classic letter on the paper?
Expert:  Ben Jones replied 1 year ago.

Either is acceptable

Customer: replied 1 year ago.
Should I refer the employment rights act, in the e mail, in order to make sure that he knows that I'm willing to proceed if the payment is not done? Which point would you advise to refer?
Expert:  Ben Jones replied 1 year ago.

You can refer to it straight away, no point in delaying that