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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61193
Experience:  Qualified Employment Solicitor
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I have been working for a company for 3 months and last

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Hi I have been working for a company for 3 months and last month I had trouble getting my wages and it’s the same this month
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have tried ring and they keep blanking me and I don’t ha a lawyer
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee and no am not in a union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Last month when I did finally receive my wages it was in drips and drops not a full month also the company just kept on telling me thanks that was going in.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Do you know why there are these delays?

Customer: replied 13 days ago.
No last mount they blamed it on an app that we use to sign in for our shifts then they said is was because clients was not paying them in to there for they couldn’t pay us but they haven’t given a reason for this month
Customer: replied 13 days ago.
Look I paid £5 yesterday and I don’t have £44

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system, giving you the opportunity to pay extra to discuss things over the phone. However, it is entirely optional and if you just ignore it and close it down you will not be charged extra and we will just continue in writing at no extra cost.

Going back to your query, this potentially amounts to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.

 

Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:

{C}· If it is legally allowed (e.g. to deduct tax)

{C}· If it is to recover an earlier overpayment of wages made by the employer

{C}· If the contract specifically allows for the deductions to be made

{C}· If the employee has given their explicit written consent

 

If none of the above exemptions apply, the deductions will most likely be unlawful. 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.

 

Does this answer your query?

Customer: replied 13 days ago.
Ok thanks for your help and I have just been on the phone to the company office and they have said to phone back after 12pm as they are having a problem with an application called Xero. There for they are trying to fix the problem.

Ok good that sounds promising, but if things do not get resolved then you know what to do if you have to take it further

Customer: replied 13 days ago.
Yes I do thanks so much for your help.

All the best

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