Employment Lawyers Can Answer Your Employment Law Questions
Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.
I am sorry that you are facing a potential dispute with your employer and they are withholding your wages but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.
OK, thanks for that further info. I am logging off platform for the evening but will answer your enquiry tomorrow morning.
You must lodge a civil damages claim in the Regional Employment Tribunal for Breach of Contract and Unlawful Deduction of Wages under section 13 of the Employment Rights Act 1996. If you are dismissed from employment or forced to resign from employment due to your employer’s treatment of you on this issue i.e., constructive dismissal, you may present a Tribunal claim for Unfair Dismissal.
You must also notify the Government’s free and impartial employment dispute advisory service: the Advisory, Conciliation and Arbitration Service (“ACAS”) to commence the compulsory Early Conciliation Process (“ECP”). ACAS are not a firm of solicitors or legal aid providers, but they will attempt to facilitate an early settlement between the parties without the need for Tribunal Proceedings. ACAS’s website contains much useful advice for Workers who have not been paid by their employers.
During the ECP, the three month-limitation period to issue a Claim Form ET1 is suspended. If ECP fails, ACAS will issue the parties with a Certificate which will give the Claimant at least one month from the date of the Certificate (depending on the timings) to issue a Claim Form ET1.
I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.
I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.
If you require further legal advice from me on another topic, please create a new text thread on the portal and tag @EdTurner in the expert box. I will be notified of your request and prioritise it.