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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61112
Experience:  Qualified Employment Solicitor
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I’d like some advice on how to deal with my employer

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Hello, I’d like some advice on how to deal with my employer withholding Wage payment? I’ve unfortunately been under paid from my months wage and after bringing it up 3 times with my employer they still haven’t paid me in full. I’d like to know what my options are and how I’d be able to solve this matter.
Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: I have brought this to the attention of both my manager, and my boss. I’ve waited 5 days and I’ve still not been paid the correct amount. I’ve not got a lawyer so I haven’t been able to discus my options further
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am currently an employee and I’m not a member of any union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No, I’d just like to know what my options are before I take action against my employer, unfortunately I’m under a lot of pressure financially as I’m young and have a low hourly rate. Thank you

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.

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, you should raise a formal grievance with the employer first. After that 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 9 days ago.
Thank you for your time, that helps a lot.

All the best

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