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Joy Nicholas
Joy Nicholas, Laywer
Category: Employment Law
Satisfied Customers: 675
Experience:  Lawyer
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Can an employer delay payments and pay less the minimum

Customer Question

Good morning, Can an employer delay payments and pay less the minimum wage?
JA: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?
Customer: I work as a home support worker looking after old people at home, 5 months ago I was approached by a family to care for the father, offering £10 an hour week days and £15 weekends. This has been changed 3 times and the daughter in charge doesn't discuss issues properly with me, I was last paid on Oct. the 6 and since haven't been paid. The offer was £970/month working 7 shifts/week, which I was never given, I was given weekly between 5-6 shifts, I resigned giving them 3 weeks notice and now I haven't been paid despite requesting my payment. Shall I stop working for them? But the old man will be suffering especially that we get on so well, can you help me please? Thank you
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a freelancer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can they treat people in that way even with freelancers, I consider their behaviour as modern slavery
Submitted: 17 days ago.
Category: Employment Law
Expert:  Joy Nicholas replied 17 days ago.
Hi, thank you for your message. Can I confirm is there a contract in place?
Customer: replied 17 days ago.
Yes by telephone message with the proposal
Expert:  Joy Nicholas replied 17 days ago.

Hi, thank you for your message. I am sorry to hear about your situation. I can understand if you do not want to leave your employer. If they do not resolve the situation than you should not stay as they will only take advantage of you. But ultimately this is your decision. I would recommend the following:

1) gather all evidence proving underpayment I.e. payslips, bank statements, contract showing how much they should have paid you, text messages, emails etc
2) speak informally with the employer, I.e HR or payroll. Ask them to explain why you haven’t been paid.
3) write a formal letter to the employer attaching all the evidence at the end of the letter state that if you do not hear back in 14 days you will take legal action.
4) if this does not help if you are a member of a union speak to the union. If you’re in a trade union, they might be able to negotiate with your employer for you. If you’re not in a union, find out if there’s one at your workplace that you can join. You might find details in your staff handbook, intranet or on notice boards at work.
5) Check if your employer has a formal grievance procedure you can use. Even if they haven’t, you can still raise a grievance - for example by writing a letter. Explain why you think you haven’t been paid enough and include copies of any evidence.
6)If your grievance doesn’t get the result you want, you can take your employer to a tribunal. You'll have to notify Acas first. Acas is an organisation that provides independent support to help sort out employment disputes. They'll see if your employer will agree to a process called ‘early conciliation' - a way to resolve disputes without going to a tribunal.

7) Contact ACAS. The ACAS Helpline can give advice on internal processes and policies to help you through this (0300 123 1100).
8) Your last resort is to take your employer to a tribunal
I hope this helps if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen and just answer will then credit me for helping you today.

Expert:  Joy Nicholas replied 16 days ago.

Hi, hope all is well. I would appreciate if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen otherwise I receive no credit for helping you.