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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 77763
Experience:  Qualified Employment Solicitor
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Am Vivian live in whittlesey peterborough. My employer has

Customer Question

Am Viv***** *****ve in whittlesey peterborough. My employer has refused to pay my salary last month. I was supposed to receive it today but have not. The rest of the staff have received
JA: Have you filed a claim for unpaid wages?
Customer: Have send an email to the HR but no response
JA: Have you talked to a lawyer about the unpaid wages?
Customer: No please
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I gave him my resignation letter last month and accepted it .he asked me to work for a month because am supposed to give a month notice which I did.And he refuses to pay me my last month salary
Submitted: 8 days ago.
Category: Employment Law
Expert:  Ben Jones replied 8 days ago.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Customer: replied 8 days ago.
Expert:  Ben Jones replied 8 days ago.

I understand you have not been paid by your employer, whilst your colleagues have, and that you handed in and have worked your months' notice. Have you contacted your employer directly to query why they have not paid you?

Customer: replied 8 days ago.
Have send the HR email but no response
Expert:  Ben Jones replied 8 days ago.

OK thank you, ***** ***** much are you owed in total please?

Expert:  Ben Jones replied 8 days ago.

Without the requested information, I can only provide you with some general information on this topic. Hopefully, it will still be useful to you. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

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.

Expert:  Ben Jones replied 8 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.

Expert:  Ben Jones replied 7 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.