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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear Service, I have a problem with my previous workplace. I

Customer Question

Dear Service,
I have a problem with my previous workplace. I signed a permanent contract with them on 27 April 2015. I signed that they give me £15.30/hour salary but they got me only £13.70. I asked the managers and I sent compliance letter via email into the head office and they have given back answer that "this pay rate unfortunately error, because nobody get this salary in this nursing home" I went into the Citizen Advice in this summer. I sent grievance letter to the Sanctuary Care Ltd HR Director on 29 July 2016, but unfortunately I have not got response from them till today.
I would like to ask that what can I do?
I have all documents about this situation, of course.
I am waiting your answer.
Thank you, ***** ***** Porneki
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.

Customer: replied 1 year ago.
hello
Expert:  Ben Jones replied 1 year ago.

Hi there. Please can you confirm how long after the date of the agreement did you raise the issue of being underpaid? Please can you also kindly confirm whether you are still employed there?

Customer: replied 1 year ago.
the situation. I signed contract with them in the last year April. In this time I have not got PIN number yet. I worked as a Senior Carer. After I have got my PIN number in July in 2015 and from this date they have not given to me this pay what I signed in my contract. So, I have not worked with them since 2 month.
Customer: replied 1 year ago.
Are you there?
Expert:  Ben Jones replied 1 year ago.

Hi there. Apologies for the slight delay. Please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
All right. Thank you, ***** ***** not know it. I use first time this service. I am waiting your answer. Have nice day for you.
Expert:  Ben Jones replied 1 year ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. You can try and rely on the formal offer and contract which promised you a specific rate and try to argue that it is a legally binding agreement. The issue is that errors do happen so you should not be allowed to profit unfairly from an error by the other party. So it would depend on how clear the error is and how soon it was found out. If they can shoe that it is true that such rates of pay and not paid to anyone in the workplace and that it was clearly an amount offered in error, together with the amending the amount as soon as possible and without unreasonable delay, they can potentially argue that this was an error which was correct soon and should not be pursuable by you.

The issue is that only a court can decide if this is an error which should have been allowed to be corrected or if it was something which you should be able to claim for. Therefore, if the employer refuses to pay you as they had initially promised, the only thing you can do is to take this matter to court and let them decide what the legal position is and what you should be able to claim for, if anything.

This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to try and take this matter 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

Expert:  Ben Jones replied 1 year 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

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
The my problem is that I signed a contract with employer and I gave back it to the managers, they sent it into the head office. Everyone accepted it and later when have to pay me - it means 4 months - the salary is problem.
Expert:  Ben Jones replied 1 year ago.

The only way to pursue this is to claim it amounts to a breach of contract or unlawful deduction of wages.

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.