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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73475
Experience:  Qualified Employment Solicitor
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I have 2 question. Firstly my employer didn’t pay wages,

Customer Question

Good afternoon. I have 2 question. Firstly my employer didn’t pay Wright wages, miss one shift in March. I raised this and asked to be corrected in following payslip, however is still not sorted. Employer refusing contact number to payroll. Second is regarding holidays. I working 2 nights in week, and I took holidays from 4 to 28 April what in my calculation give 5 working days for me. My employer calculated that I took 14 days holiday, making that I have non paid holiday left. I am sure that it supposed to be calculated proportionally to hour I working.
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: Wit my manager and I’m going nowhere with her.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no it’s everything
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 long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 14 days ago.
I’m working for 3 years in this place and this company took over all employees under the TUPE
Expert:  Ben Jones replied 14 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

Missing wages

The employer’s actions will most likely amount to an unlawful deduction of wages, which is dealt with under the Employment Rights Act 1996.

Deductions of wages occur when an employer either makes actual deductions from an employee’s pay, or they stop their pay altogether. Under law, an employer can only do these in the following circumstances:

- If it is legally allowed (e.g. to deduct tax)

- If it is to recover an earlier overpayment of wages made by the employer (no prior consent is needed, but at the same time they should discuss how this may affect the employee, considering any outgoings they have to meet)

- If the contract specifically allows for the deductions to be made

- If the employee has given their explicit written consent, such as in a separate written agreement

If none of the above exemptions apply, the deductions will most likely be treated as being unlawful. To take the matter further, the employer should be contacted in writing, advised that their actions are treated as unlawful deduction from wages and/or breach of contract and request that they repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what has been unlawfully deducted.

If the employer does not return the money as requested, the following options are available to take things further:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the last of 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 next steps to initiate this procedure are to contact them, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-####

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. It is therefore a useful alternative if the 3-month deadline for the Employment Tribunal has been missed. Also, there is no need to negotiate before starting a claim and the claim can also be made online by going to: https://www.moneyclaim.gov.uk/web/mcol/welcome

Ideally, by warning the employer that their actions are unlawful and that legal action is considered, they will be prompted to try and resolve this and return the money with the need to take things further.

Holidays

You only use up holidays for the days you are supposed to be working. So if you are only working 2 days per week and you are off for 3 full weeks, then that equals 6 days holiday in total – not a holiday day for 5 days a week. So your understanding is entirely correct.

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.