Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
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?
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.
No problem at all. I will get back to you at the earliest opportunity. Many thanks
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
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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.