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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6731
Experience:  15 years experience of advising on employment law matters
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I was taken on by a former employer to find out that I had a

Customer Question

I was taken on by a former employer to find out that I had a 6 month no compete in my contract.
Had I have worked my standard 3 month notice I would have officially started 23 Feb however this meant I couldn't start until 23rd May.
In the meantime by new MD advised that due to me taking a risk on him he would pay me still for the 3 months I was unable to work but this would be paid over 6 months. Obviously I was very grateful for this.
Then early March he found a loop hole in the contract and I started work 20th March but was told I wouldn't be paid until end of May after I officially started. In order to help me out he gave me a 5k loan with the agreement to pay back interest free over 10 months he said as I would have an over payment for 6 months this would be manageable.
In short I have been paid for 6 days and the 1st overpayment was also pro rata. This isn't what we agreed and I decided to cut my loss and resign. There were other operating issues I wasn't happy with so made my decision easy.
We have now got into a dispute as I have worked from 20th March to 22nd May with no pay and I am being asked to pay back the 5k loan. In my opinion I am actually still owed money but he doesn't see it that way.
I don't know what rights I have if any as every thing was documented just by text or email and obviously I didn't officially start until 23rd May.
I have printed off emails to suppliers to show that I was working but they are under another identity.
Submitted: 9 months ago.
Category: Employment Law
Expert:  taratill replied 9 months ago.

Hello my name is ***** ***** I am happy to help you today.

If you factor in wages for the time you 'unofficially worked' how much of the loan do you still owe him?

Customer: replied 9 months ago.
He actually owes me.
My salary is 55k and I worked out the time actually worked was 9k so deduct the 5k he owes me 4k plus expenses.
Customer: replied 9 months ago.
No please keep by message
Expert:  taratill replied 9 months ago.

That being the case you can raise a claim for unlawful deduction from wages. You should start early conciliation with ACAS to lodge a dispute which will hopefully resolve matters.

If it does not then you can raise a claim in the Employment Tribunal

He cannot hide behind the fact that this work was 'unofficial' to refuse to pay you. The employment tribunal will consider emails/ text as adequate evidence of the fact you carried out the work.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Expert:  taratill replied 9 months ago.

Hello Heidi is there anything further you would like to know about this?

Customer: replied 9 months ago.
Sorry one more question.
He hasn't actually deducted any salary he just hasn't paid what he agreed.
I am happy to walk away from what he owes me but I wanted to make sure that the 5k loan he gave me I can argue back that I have outstanding pay that outweighs his loan and therefore I owe him nothing. If that makes sense
Just checking legally that although I wasn't on the payroll we have a text agreement on back pay and that still would stand in any court of law.
Expert:  taratill replied 9 months ago.

It is classed as an 'unlawful deduction' when wages are not paid.

Yes he can't avoid paying you because you were not on a payroll. Legally a text message would stand as evidence.

He can still attempt to sue you for the 'loan' if he does that then you can counter sue for the unpaid wages.

Personally I would not let him get away with it.

If you have any further questions please do ask.

If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you.