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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 7438
Experience:  15 years experience of advising on employment law matters
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My employer has not paid me for shifts I maintained I'm paid

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My employer has not paid me for shifts I maintained I'm paid on a 4 weekly period because I am awol
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have discussed with the manager and the owner
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Im a health care assistant contracted to 33 hours a week and have worked for them for 4 years the owner took over my works on the 1/03/2019 and made changes to every staff member contracts by the 1/04/2019 taking paid breaks away from all staff members
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: She said she is not withholding my wages it has been finalised by hmrc on a payee tax

Hello my name is***** am a solicitor and I am happy to help you today. What would you like to know about this situation please?

Customer: replied 7 days ago.
Is she allowed too do this as I think she will hold of payment till next pay date cycle which means I will not have received a income for 8 weeks as the excuse is it has been finalised with hmrc

No she is absolutely not entitled to withhold wages in this way, it is in breach of contract.

I would suggest you raise a grievance, you can also start an early claim dispute with ACAS at www.acas.org.uk

In addition if your employment transferred to the new employer under TUPE then they were not entitled to take away paid breaks as TUPE laws prevent them from doing this, you can also raise this issue in writing and with ACAS.

Is there anything else I can help you with today please?

Customer: replied 7 days ago.
May I add to this I have returned to work since this after a disaplinary hearing I belive we are under type as we were sold to another company a year ago before my current owner took over and they wrote to us and said we were under tupe. So I belive we fall under this and this has already took affected after them taking over 4 weeks later they called a staff meeting and told staff if they did not agree to terms then redundancy would have to be made I didn't even attend this meeting as staff were scared some members of staff agreed with I belive a show of hands

Ok you can raise this with ACAS although if it happened more than 3 months ago this will be out of time unfortunately.

You should definitely pursue the unpaid wages though.

Is there anything else I can help you with today?

Customer: replied 7 days ago.
What can they do as

Sorry what do you mean?

Customer: replied 7 days ago.
What are ACAS

ACAS are a conciliation service between employer and employee so they assist with disputes.

If you have a claim to bring in the Employment Tribunal for unpaid wages you have to put a dispute to them first before you can bring the claim.

Do you have any further questions about this?

Customer: replied 7 days ago.
Since returning to work I received a payment of £100 as I stated to her in order for me to return to work I need money to pay for travel or I could not do the shifts she quoted I'll do you a sub she bank transfered me an hour before my shift started

she sounds dreadful.

You need to report this to ACAS it is not right for her to withhold wages and control your money like that.

All the best with it.
Is there anything further I can help you with today please?

Customer: replied 7 days ago.
No you been absolute angel �� thank-you so much with all your help to day and I'll start action on your advise to day, it might be because I only a care assistant I don't have a brain many thanks again

no problem at all, please take the time to rate my answer before leaving the site, thank you and all the best.

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