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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 51214
Experience:  Qualified Employment Solicitor
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My company fees were so extreme thay asked there

Customer Question

my company fees for agency were so extreme thay asked there employers to pick up extra shifts at double time, we all agreed and on pay day we all fell short , i myself did 48 hrs at double time but only got paid for 12 of these. On another note i applied for the shift leader position and was told by my deputy manager that i had the position and to expect a letter soon. 1 month later im still waiting !!! i have also learnt that managment had no idea of my reference letter for this position , i also asked for my wages to be revued as new recruits are on a higher wage than myself after 2 years as an employee and again the deputy manager told me that my pay was assessed and amended to the higher rate. Two months have passed and still no pay rise. i have spoke with the manager WHO IS NEW and was told the deputy manager didnt have any authoritiy for the pay rise , i am so deflated no pay rise no promotion and loss of wages, what course should i take
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long exactly have you worked there for?
Customer: replied 3 years ago.

two and half years

Expert:  Ben Jones replied 3 years ago.
Hi I will deal with each issue separately:
A) The unpaid wages for doing overtime – if you were promised double pay for all overtime and accepted to do this work based on this, then you have the right to be paid for it. This potentially amounts to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
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:
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:
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.
B) The pay rise – unfortunately you cannot demand that by law. The fact that others doing the same job as you get a higher pay does not matter. There is no requirement on the employer to pay staff doing the same work the same rate of pay. It would only be an issue if the reasons for the difference in pay are related to discriminatory grounds, such as due to gender, age, race, religion, etc. I see no evidence that any of these apply so they can keep you on your existing rate of pay for as long as they want.
C) Finally, the promotion. This would depend on whether you were officially told that you had been successful in being awarded a promotion. If it was confirmed and was unconditional then you can state that this amounts to a breach of contract on their part. This could potentially amount to constructive dismissal, which occurs when the following two elements are present:
- Serious breach of contract by the employer; and
- An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 3 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.