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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 69101
Experience:  Qualified Employment Solicitor
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Unpaid wage

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unpaid wage

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

Please explain what actually happened in a bit more detail?

Customer: replied 2 years ago.
I've got a similar issue.
Hello, dear Ben Jones,
I have been NOT paid, my son too, for two shifts done in 24th November 2017 and 25th November 2017, each of them 7hrs.We replied an advert in Indeed directory, contacting our future employer only online. He replied also online, not confirming interview or further requirements. His name is Mark (if this is a name, not nickname) and he introduced himself as manager of Zwoosh, a company for hospitality services.We were approved after sending CVs with personal data and details. We filled up a standard form with our details. The form was never returned to us with sign, seal or personal details of the employer and the company. The wage was stated but not the bonuses. He told us we will get in a few days our papers via email and we need to read it, consider it and return it with our data.We were given details about the work and the wage. We agreed and we did two shifts. It was looking alright at this moment as the person employing us confirmed verbally our contract and promised to pay in one week time as usual in the hospitality and catering industry.Also, after finishing these two shifts, we were told that he will send us the timesheets again via email.At this time we started to feel something gets wrong but we didn't know what it is. We didn't even know where to ask for advice.I found that many other people are involved in the same problem, as more than 9 other girls and women were in the same situation, asking for their wages at the end of the second shift. The manager called Mark turned us all back home telling us that we all will receive emails with our timesheets and data to sign and send him back signed and scanned and we will get paid in one week time.Precautions were taken to keep us anonymous and away from each other. We worked in different groups, with different team leaders and we were not allowed to speak to each other, to exchange personal data and to discuss the situation. Security guards were all the time around us preventing all possible communication between us. Phones were locked in our bags in plastic bags and away from us. We were not allowed to use our phones.
As a mother, I was prevented to communicate even with my son during the shifts. We were told it is not the proper time, and we are supposed to work, not to chat with each other.
I don't know how many other people were not paid also. We were group of 10 people all together for these two shifts. I witnessed only this group, but it is possible that other groups were working there under the same conditions. So just from us, for these two shifts, somebody (probably the managers) took more than £1150, for these 10 people not being paid and being treated in such manner. I simply didn't have proper communication around the other groups and teams in order to claim that more people were involved, but in my opinion, it is absolutely possible this is an ongoing game in their business as every step was worked out in precise manner what to do if.Four weeks later, we are still not paid. Apart of the unpaid wage, we do feel embarrassed, abused and kind of ....humiliated, as we had to face rude treatment after we asked for our wagesI called HMRC, I've got Ref. No, I called the police, also Ref. No.
HMRC told me to wait for 2 weeks response and I still wait for their response
===========
Meanwhile I found another agency to hire us (I and my son) called Contract Options and it happened that we went to the same event and place (Windsor Racecourse Best Parties based in Berkshire, just in front of Windsor castle) through the other agency Zwoosh. Meanwhile following the advice from HMRC and Citizen Advice, I sent e-mail to the person initially employing us with polite request for payment due. At the second request, the person kicked ME (but not my son) out from the site with security guards, as it was always me signing the request and doing the actions for polite discussion with the employer Mark and his company Zwoosh about the payment due.I never have seen any of the other people from this team again, and they are unknown for me. I only know that I and my son are not paid for 2 shifts along the last 4 weeks and soon these managers and the site will be empty as it is a company which organizes Christmas events.
What I am supposed to do next, by law? What the British legislation says about unpaid wages and situation of abuse when asking for our unpaid wages?It happened also that our recent employer Contract Options had notice from these first ones that I created troubles for them and I am a conflict person. I got also accusations about my behaviour (not true, but this is their claim) and all the situation gets more and more crazy.All my polite requests for payment due were shortly and firmly declined as unsustainable till now, for the last 4 weeks since 24th and 25th November 2017.I've got a phone number from Mark, and e-mail correspondence for proving my claim. My son also has a

Were you working as an employee, self employed or agency worker?

Customer: replied 2 years ago.
I am self employed but I believe I worked for Zwoosh as employed worker as it is stated in the correspondence that I (we) are hired in a seasonal contract for a few events only.In this moment I also work for Contract Options (which is an agency) as a worker with employee contract. Contract Options is correct agency and the difference with the scammers is significant.

What is the total value of wages owed?

Customer: replied 2 years ago.
I will quote my letter to Mark as it has been sent:'Dear *****,Can you please reply to acknowledge that you have received these e-mails.
As we agreed on Saturday 9th December 2017 in Best Parties at Windsor Racecourse (address of the event is below) when meeting face to face and verbally:
Windsor Racecourse, Berkshire, SL4 5JS
you are due to pay for the work of two shifts done by me, Aleksandra Shumanova Griffith, and my son Constantine Zahariev, according to the agreement signed between us as (£7.90ph + attendance bonus plus nightly bonuses and meals on site for long shifts):
On 24th and 25th November 2017, between 18:30-02:00am, with introduction and instructions starting from 5:00pm 24th November 2017,
which makes the amount of:
24th November 2017 - 18:30-02:00am, at rate £7.90per hour x 7 hrs ½ = £59.25 plus bonuses which you didn’t state in the initial agreement;
25th November 2017 - 18:30-02:00am, at rate £7.90per hour x 7 hrs ½ = £59.25 plus bonuses which you didn’t state in the initial agreement;We worked for you as representative and manager of ‘Zwoosh’. at the same address Windsor Racecourse, Berkshire, SL4 5JS.
As the legislation in Britain states, these night shifts and weekend shifts should be paid at higher rate and bonuses added to the final amount due as promised and agreed from you.
As we agreed verbally on Saturday 9th December 2017, you are due to pay the amount by today, 13/12/2017, which didn’t happen.
You didn’t send to both of us timesheets to sign as agreed and stated in your e-mails. You didn’t send to both of us contracts with the details of the employment agreed.
We would like to politely remind you about the legal requirements and ask you again to pay us the amount outstanding for the two shifts done by me A*** G***and C**** Z***.

Ok thanks. You have two options to pursue them for the money owed. In general, to take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.

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. Before making the claim ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.

I suggest the tribunal route first because it is free. However, they can only hear a claim for employees so if they decide you were self employed they may reject to hear your claim and you will then have to make a claim in the County Court instead.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the fees involved with the court route. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
We never discussed am I self employed.I applied as worker as my son also applied. My son is not self employed. So I believe we were seasonal workers in this situation as we got warning that it is only for 15 shifts (which suits us as students in year of abeyance).It is stated in our e-mail correspondence and I believe there is no doubt about this detail.
In a way, we can survive without this money but the abuse is unbearable and also, this is not acceptable that any people in the world can be treated like that.I would like to follow the procedure and to claim our money, also to achieve justice and to prevent other people to be used and abused in such nasty manner.These guys play a big game, if for one evening only, they get thousands just like that, with no taxes paid.
BTW, the two managers look like Arabs being born in Britain. It is known that the Arab culture is positive about slavery and modern slavery (paying no wages or just captivating somebody to work for food only).
Customer: replied 2 years ago.
Thank you so much.I will follow your instructions and I will do the necessities.Money is important but in our case, I want just justice more than I want the money.Nobody deserves such treatemtns as a slave.

You are welcome and best of luck. Get back to me if you need further help

Customer: replied 2 years ago.
Thank you.
I will come back to report what happened when I followed your advice.God bless you and all helpers.

many thanks!