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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor
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I am a contractor working in the aviation industry. I

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I am a contractor working in the aviation industry.
I have just left a contract where i was working in Saudi Arabia but contracting for an agency in England.
I was sent out there to work in March and the visa i was on required me to return to the UK after 90 days for a visa renewal which was classed as a business trip and we were payed expenses at £40 a day.
Because we had been in KSA for 90 days everyone at work was getting their holidays booked etc. We were told we would be returning on multi entry visas which meant we could enter and leave the country as we pleased. We were not allowed to have holidays directly attached to the end of our visa trips so i asked for my holiday to be a week after i returned from my Visa trip, this was all accepted, i had my holiday forms signed by my supervisor and management and so i went ahead and booked my holiday, hotel and flights etc.
I went on my visa trip home, i was waiting 10 days then i received my passport back from the embassy so i could return to KSA. I phoned my company to let them know my passport had arrived and just asked them for clarification this was a multi entry because i had a holiday booked. I was told yes no problem i will be able to leave.
After returning to KSA and returning to work i mentioned about my holiday that was in a week, i was then told my visa was not multi entry and i couldn't leave. I explained that i had all my forms signed and my holiday was all booked and paid for and i had to go.
After this going to someone higher in the company they came back and said yes they can get me out on an exit visa and that they would get me another visa to return. It was mentioned that this was at a high cost to the company but i did explain this was bot my fault i had done everything correctly.
I went on my holiday and then returned to the UK and sent my passport to the company immediately so they could get it renewed. I waited 4 days because my flight was booked back to KSA on the 5th and phoned to ask the situation with my passport. I was then told that it had not even been sent off yet and that the embassy was closing in a few days for 2 weeks due to Ramadan so it would be at least 3 weeks untill i could return to KSA, so i was told to just wait until i received my passport. Shortly afterwards i received an email from a manager in KSA saying i wouldn't be getting paid from the time i finishedmy holiday until the time i returned to KSA. I thought this was wrong because normally if you are waiting for a visa renewal you are paid fully plus expenses. I was given an exit visa and told they were getting me a new one. At no time was i off the contract, it was a years contract i was on signed in February this year. So i was unable to work anywhere else to earn money in the time i was at home because i was still working for them.
I phoned my agency to ask about the situation, i spoke to our point of contact who is the main person for that contract and who pays us. She hadn't herd anything about it and agreed with me that if i had my holidays booked and signed by management they couldn't ask me to change it anyway.
I waited untill the end of the month and i got my pay slip and i did get paid my full months wages.
I then returned to KSA as planned. On my return to work i was then called to the office and told that the company were not paying me while i was at home and because they had they were taking it back off me, so i got paid nothing last month (August) I didn't even get a pay slip explaining anything, just what a manager had told me.
I handed my notice in and i returned to the UK on the 4th September.
I still feel i am entitled to my months wages, also my 1st visa trip of 10 days, i am still owed my expenses. Everyone else was paid them but i didn't get a chance to claim for them with my holiday straight after it and all this going on. I am owed 13 days holiday and technically should be able to claim expenses waiting for my second visa but i am not too worried about that i would just like my wages for that time.
I can supply dates of exact trips etc if needed, this is just my explanation of what happened.
Many Thanks
Matthew Coates
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Was your contract under UK law?
Customer: replied 2 years ago.

Hi, Yes i believe so. The contract is with Morsons international, the address etc is all UK based, the client is BAE systems in the contract it mentions regulation 4 of the working time regulations 1998 a uk law?

Sorry I was offline by the time you had replied. I will respond fully in the morning no need to post anything in the meantime many thanks
Hello, thanks for your patience. I agree that you should have been paid the wages for that time, especially as the mishaps were due to the employer’s fault and in normal circumstances you would have been paid for that tie, just as all others did. Therefore, you are able to consider taking this further. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: {C}1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.{C}2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.{C}3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. Also consider who you should be pursuing – that would be the company with which you had a contract. So if you were technically working through the agency and were employed by them, they would be the ones you would pursue. 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
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