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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 71321
Experience:  Qualified Employment Solicitor
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I have been underpaid at work...i can i recover money.. I

Customer Question

Hello. i have been underpaid at work...i can i recover money.. I talk o phone with the boss but he told me i am a lier and to be carefull what i am saying cos he knows were i live.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: i did..they say nothing they can do..what is HR?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: is owner of the company..i am self employed and i dont register with any union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ben Jones replied 14 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 14 days ago.

How much are you owed?

Customer: replied 14 days ago.
is not much he told me 19.75 h and he payd me 17h for 2 weeks
Customer: replied 14 days ago.
is not a contract is just a selfemployed thing..payed by hour
Customer: replied 14 days ago.
maybe i was rong contact you..i guess this is for big contracts, not little individual like me.sorry
Expert:  Ben Jones replied 14 days ago.

Ok thanks. First of all, I am sorry to hear about the issues you have experienced in your situation.

If you have not been paid what you are due then you can consider pursuing this further if needed. If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The debtor will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial repayment.

Expert:  Ben Jones replied 14 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.