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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49819
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have an empoye that we took on she was meant to follow

Customer Question

I have an empoye that we took on she was meant to follow guidelines which she never and we had complaints the work was never carried out she then quit she is now demanding all of the wages but there in no proof she carried out any of the work
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.

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

Expert:  Ben Jones replied 8 months ago.

How long did she work there for in the end?

Customer: replied 8 months ago.
she said for weeks we had no proof she was on site, we asked for photos and her to use the sign in sheets this was never done and when customer carried out spot checks I had an email to say work was not visiably done
Expert:  Ben Jones replied 8 months ago.

you said she invoiced you for the work, was she an employee or self employed?

Customer: replied 8 months ago.
we was in the process of putting her as an employee but ths was her second job so our accountant told us when she quit to get her to invoice us with the amount she worked and her tax code she also added 20% vat and claimed for cleaning equipment but no proof of purchase was given again
Expert:  Ben Jones replied 8 months ago.

If she was actually self employed then it would e easier for you to argue she should not be paid. If she was an employee then you will be in a more difficult position because you will have to pay her for her contracted hours.

So assuming she was self employed you can argue that she has breached the contract herself in the first place and as such is not entitled to any payment. It all depends on whether she did any work expected of her or none at all, as that may require you to at least give her part-payment.

Customer: replied 8 months ago.
We have no proof that she has done any of the work, I was willing to pay her for the first three weeks and said I will be deducting the last weeks wages as had to pay for another cleaner, we have asked for evidence she was in site and she is unable to give us this, yet we have numerous emails and text messages asking for these and emails to say she hasn't carried out the work
Expert:  Ben Jones replied 8 months ago.

you can work on the evidence you have. If you have been told by the client hat the work was not done and she cannot prove that she did it, then you can consider not paying her until she provides the necessary proof

Customer: replied 8 months ago.
We have said we will pay her the first three weeks she is still saying she will take us to court should we still pay the money we said
Expert:  Ben Jones replied 8 months ago.

I'd say pay her the first 3 weeks and make it clear you are doing this in full and final settlement. If she accepts it then it will make it much more harder for her to claim for the rest as she has accepted it on condition it is a final settlement. There is nothing stopping her from going to court but you can call her bluff and see how far she actually takes it - if it is clear she will go as far as needed, you can reconsider your position.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 8 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 8 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks