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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44953
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Any help or advice I started working for a haulage company

Customer Question

Hello any help or advice
I started working for a haulage company on monday 14th nov/2016 as a hgv class1 driver,
the company had adverts on various sites for class 1 & class 2 drivers ,i applied for a class 2 position, i received a phone call inviting me to visit them , during the interview i explained that i was newly qualified as class 1 driver and without experience & was looking for a class 2 job never the less they ask,ed me to start work on the monday and spend 2 weeks doing the class 1 job with an existing class 1 driver this i done, on the friday after my shift ended the transport manager spoke to me to inquire about my progress, i explained that all was ok but my reversing tasks were weak , he was a very resonable guy and told me another week and i,d be fine, i commenced the 2rd weeks work , on the tues i,d deside,d i was,ent making the progress i wanted, the next day i was offer,d a job with a different company (more suited to my abilities) not wanting to waste any more of their time i told them this ,
they were mildly annoyed but this . it was at this point i left the company (with a amicable hand shake , now they are refusing to pay me for the time i spent with them, i don,t know how to pursue this so any advice you may be able to offer
Many thanks..
Carl *********
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
PS
The company did,ent surply any cloths, equipent, or goods there were no agreement or bonds
Expert:  Ben Jones replied 16 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 16 days ago.

So you didn't have a contract or any contractual notice period you had to give them to end your employment with them?

Expert:  Ben Jones replied 15 days ago.

Hi there, this would most likely amount 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:
• If it is legally allowed (e.g. to deduct tax);
• If it is to recover an earlier overpayment of wages made by the employer;
• If their contract specifically allows for the deductions to be made; or
• 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. You can then consider taking this matter to the employment tribunal to try and get what you are due.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you were to pursue this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 14 days ago.

Hello, my response should be visible on this page. 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

Expert:  Ben Jones replied 13 days 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

Expert:  Ben Jones replied 11 days ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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