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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 2311
Experience:  Owner at James Bruce Solicitors
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Please could you tell me if unlawful deductions of wages for

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Please could you tell me if unlawful deductions of wages for pay, holiday entitlement and notice for wrongful dismissal are classed as fundamental breaches? Thank you.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

If an employer is making unlawful deductions for wages, not giving correct holiday entitlement and breaching notice time, then yes these could certainly be classed as fundamental breaches of an employee contract.

Customer: replied 2 days ago.
Hi James, lovely to talk to you, I hope you are well too. Thank you for your help and for answering my question. Yes they have done all of this. Before terminating my contract without notice, they had suspended me without pay. This was unfounded and unreasonable. They did this due to the issues that had escalated surrounding the unlawful deductions of wages, contractual changes without warning: they cancelled my summer employment and cancelled some of the graphic design work i had undertaken for them. Also because of my grievance towards my Director who i was informed had been talking about me behind my back and discussing my personal information and private financial situation. I understand my rights are limited due to my employment was under two years, but i am claiming for wrongful dismissal without notice.In regards ***** ***** suspension without pay and with no warning, would that also be considered as a fundamental breach?Thank you James.

Very sorry to hear what has happened.

Yes you are correct.

With less than two years service, you cannot use unfair dismissal , but certainly can claim wrongful dismissal against the former employer.

Customer: replied 2 days ago.
Hi James, thank you so much and thank you for your confirmation. I would like to ask you another question but want to rate you first so that you can be recognised as answering the question and be paid for this. Not quite sure if how request you again, once I have rated you. Please could you guide me on this, that is, if you do not mind answering the other question i have. Thanks again. Adele

when you ask your question, you can then ask for me.

james bruce and 3 other Employment Law Specialists are ready to help you
Customer: replied 2 day ago.
Hi James.I hope you are well.In regards ***** ***** response, just so that I am clear, are you saying the Respondent is right to solely rely on time sheets to pay their staff? For example, I was asked to provide cover but did not record this on my time sheet, which admittedly is my mistake. As a consequence I did not get paid. It does(unfortunately) say on the time "if you don't sign in and out times and put your signature once you have finished your shift you will not get paid." I do not know the dates I was asked to provide cover and I relied on management to keep additional records and not just rely on the staff, who, like myself, can make mistakes that can lead all sorts of issues, such as fraud, or those that I am experiencing now.On the redacted timesheets they have sent me, i have not sign out but there is a note from management saying "paid but did not sign out." This was never brought to my attention as a matter of concern.In my contract there is nothing in regards ***** ***** sheets.In short, can I win this argument?To let you I was blocked last night and have had trouble trying to submit new questions, so my apologies...Thank you James.Adele

I cannot comment on case specific matters because I have nor seen case papers and it would be wrong to comment on detailed legal issues without having access to all case papers.

However, from what you have said, it does appear that the onus is on the employee to sign in and out correctly, which you say did not happen. If you cannot remember dates you worked or times that you worked, then you will struggle with a case. I cannot speak for the employer and what records they keep or require. That would be up to them what they accept.

Customer: replied 2 day ago.
Hi James I think i've been blocked again, despite them saying i could ask this as a new question. feeling frustrated now, its basically wasted a most of the day sorting out the issues. I do not even know if you will receive this message. i have not even been able to rate you, so i apologise. However, i shall try to do this now.ps thanks for your message, i understand your position. I understand the weakness to my argument, which is why i hoped i may have some ground to stand on. It is more complicated than the basic details i have given you. I find myself in a difficult situation with them. They are a small/medium company and have a large corporation representing them. I am representing myself. My problem is they have lied so much, where I have been 100% truthful and I have been trying to reconcile for months. Its become so tiring, stressful and frustrating, I do not know how much strength i have left to fight. I have never been in this position before. Its a case of me trying to prove they are lying, but there is three of them (director, manager and secretary) against me. I cant believe their downright lies and that they clearly think they can get away with it. I do believe in justice so i shall try to remain determined and faith in whats right. Thanks again for all your help. Adele

I would suggest if it is becoming difficult, that you actually instruct a solicitor to represent you against the company.

It may be helpful to instruct a local solicitor who specialises in this area of law. You can find a local firm using the Law Society website. www.lawsociety.org.uk

Once on that website, you can click on the find a solicitor option located just above the Law Society logo. Select quick search, then select the area of law required and enter your post code. A list of local firms will then be displayed.

If you are unable to pay yourself, then you may be able to fine a probono or no win no fee firm.

The following two links will take you to where you may find solicitors who can assist, on either a free probono basis or on a no win no fee basis. Very often they deal with clients who cannot afford to pay for legal assistance and for whom legal aid is not available. www.nationalprobonocentre.org.uk/finding-legal-help. The second is www.lawworks.org.uk

Customer: replied 2 day ago.
Thanks for the info, I shall look into it tomorrow. I think i am just very tired tonight. In regards ***** ***** myself, I do not know if it would be in my favour to get representation at this stage, i have read somewhere that sometimes, it is better to represent oneself as the court would take this into account at the hearing etc. However, it may worth me following up on the leads you have provided to see if there is actually any help available. Many thanks James

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 2 day ago.
Many thanks. I have scrolled to the top to rate you, but it says I have already done so. Please let me know how I can remedy this.

That a fine thanks.

Customer: replied 2 day ago.
Ok if you are sure, I asked you a new question and hadnt rated you, so not sure I understand why the system is saying I have. Please let me know if you want me to pursue this with customer care.

No need to thats fine but thank you.