How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74359
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Contact because I have a problem my employer is committed to

This answer was rated:

Hello, contact because I have a problem my employer is committed to paying 100 pounds every week for the period in which we cannot work a total of 600 pounds and we had to sign the commitment that if we return after a period of downtime to work we will not have to give this money back but now on today we have received information and the employer immediately takes the whole amount of us, i.e. 500 pounds at one time, i.e. we worked for free whether he has the right to do so and what we have to do, in addition, he applied for subsidies from the government for help, and we received the amount of about 800 pounds only for a month of April in May I still didn't work even though I didn't work
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes we try talk with manager and she say i dont know anything
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i work in agency
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my payslips have wrong date payment be for aprill and for a payslip be in may

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

How long have you worked there for?

Customer: replied 1 year ago.
My husband because this his question hi work there in 3 years,

Thank you. So has he been furloughed by the employer?

Customer: replied 1 year ago.
during the downtime he received the amount of 100 f per week because he signed the commitment that he would return to work after the stoppage and he would not have to return the money unless he did not return then he would have to give it back, but he returned to work so he should not give back the sums the amount of 500 f once, where it receives 250 per week, which means that it will work for another week for free
Customer: replied 1 year ago.
not much the employment agency received support from the government and paid of course with errors because he is missing about 200 pounds and received 800 f for the month of April for May, he got nothing and was told that since they reprimanded he dismisses them from work

Ok thanks. If the employer had introduced an agreement for them to be paid and not have to repay that money if they return to work when needed, they cannot change their mind like that afterwards. If they do and they start deducting that money from his pay, it would amount to an unlawful deduction of wages and h would be able to challenge them to recover what has been unfairly taken by them.

This would therefore potentially amount to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.

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 1 year ago.
it confirms me that the employer does certain things unlawfully, moreover what should I do if I do not pay him money that should be paid for May when he does not go to work because of a pandemic
Customer: replied 1 year ago.
he has little on sick leave in May because he had a slight breakdown and after being delivered to the agency it was said that he would not be paid because he would receive government funding, so he cannot be paid for sick leave, it also seems unlawful and terribly unfair what in this case we can do and who to go to get the case going

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this clarify things a bit more for you?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 1 year ago.
thanks

All the best

Customer: replied 1 year ago.
You to

Thank you

Ben Jones and other Employment Law Specialists are ready to help you