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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78258
Experience:  Qualified Employment Solicitor
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HiI have a problem with a company I used to work with:

Customer Question

HiI have a problem with a company I used to work with: Getir.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Lawyer
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: Hello, Getir fired me on 05/26/2022 and they sent me a letter telling me that they would pay me for my vacation and a week of work and that it would be effective immediately, but I have not received the money for 3 weeks and tried to communicate with all the emails that they are to "help me" but nobody has answered me they just ignore me.
Submitted: 21 days ago.
Category: Employment Law
Expert:  Ben Jones replied 21 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.
Expert:  Ben Jones replied 21 days ago.

I understand you have not been paid by your former employer. Please tell me how long you had worked there for?

Customer: replied 21 days ago.
3 of January to 26 of may
Expert:  Ben Jones replied 21 days ago.
Thank you, ***** ***** you have been paid on a monthly basis?
Customer: replied 21 days ago.
every Thursday of the week was payday but I've been waiting for 3 weeks for them to give me the money
Expert:  Ben Jones replied 21 days ago.

OK thank you and have you queried the delay directly with Getir?

Customer: replied 21 days ago.
I have been trying to communicate with them for 5 days and I have not received a response, in the 3 different e-mails that they have given me to "help me" and in all of them I have been ignored
Customer: replied 21 days ago.
I have sent many emails asking for an explanation of my money but no response
Customer: replied 21 days ago.
sorry since June 9 I have been trying to communicate with them
Expert:  Ben Jones replied 21 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens. Many thanks.

Customer: replied 21 days ago.
Okay, thank you
Expert:  Ben Jones replied 21 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 21 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. 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.

Expert:  Ben Jones replied 21 days ago.

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 21 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 20 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.