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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78615
Experience:  Qualified Employment Solicitor
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Work hasn’t and is continuing to not pay my last wages, no,

Customer Question

Work hasn’t and is continuing to not pay my last wages
JA: Have you filed a claim for unpaid wages?
Customer: no, I dunno how to
JA: The Employment Lawyer will be able to walk you through that. Where are you located? Unpaid wage laws vary by location.
Customer: Norwich, Norfolk, England sorry, I worked in Kings Lynn which is is still in norfolk though
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: whilst there is evidence of employers acknowledging that I did work there ans came in for multiple shifts. I didn’t use the newly implemented clock in system for my last month meaning there isn’t a direct evidence of hours
Submitted: 9 days ago.
Category: Employment Law
Expert:  Ben Jones replied 9 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 9 days ago.
Okay go for it
Expert:  Ben Jones replied 9 days ago.

I understand you have not been paid for hours you have worked because you did not use a new clock in system. Is there any reason why you were unable to use this?

Customer: replied 9 days ago.
The link wasn’t working to create an account easily (redirecting between multiple sites for sign up and hassle) and I was so used to the original way that, like some other employees, decided to continue not using the new clock in system.
Customer: replied 9 days ago.
Plus it was my last month working there so that contributed to that decision also
Expert:  Ben Jones replied 9 days ago.

OK and did you bring this to your employer's attention at the time?

Customer: replied 9 days ago.
I had messaged one of the employers about it to which I was ignored. Following that I asked another if he even uses it himself, to which he answered no.
Everyone else still working there has been paid regardless of if they’ve used the clock in - I’ve asked so I know.
Expert:  Ben Jones replied 9 days ago.

OK I understand and thank you for providing the information requested. 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.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Expert:  Ben Jones replied 9 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 9 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 9 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 8 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.