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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 2892
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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My employer is withholding my salary due to a dispute within

Customer Question

Hi my employer is withholding my salary due to a dispute within the workplace. It was due to be paid yesterday. I am on payroll and have received a payslip but have not received anything in writing as to why it is being withheld. What action do I need to take in order to recover my salary?
Submitted: 12 days ago.
Category: Employment Law
Expert:  Ed Turner replied 12 days ago.

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.

Expert:  Ed Turner replied 12 days ago.

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.

Customer: replied 12 days ago.
No I have received no legal documentation or any written notification from my employer
Customer: replied 12 days ago.
I was salaried for 16 hours per week which I received a payslip for and then was paid overtime cash in hand. I am being accused of theft as there may have been an overpayment of the cash in hand but my salary as stated on my payslip is being withheld
Customer: replied 12 days ago.
My salary was due to be paid by 31st July
Expert:  Ed Turner replied 12 days ago.

OK, thanks for that further info. I am logging off platform for the evening but will answer your enquiry tomorrow morning.

Expert:  Ed Turner replied 11 days ago.

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.

Expert:  Ed Turner replied 11 days ago.

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.

Kind regards