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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49801
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just left my employment an have been told will not be

Customer Question

Good morning.
i have just left my employment an have been told will not be paid any money owed to me until the owners of the business return in 3 weeks time. is this legal?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 9 months ago.

How long did you work for this employer for and did you work any required notice period?

Customer: replied 9 months ago.
I worked for them for 3 months my wife since January this year. we did not have a contract and gave one weeks notice. I was working up to 70 hours a week for £250
Customer: replied 9 months ago.
i prefer typing at this moment in time
Customer: replied 9 months ago.
Are you there?
Expert:  Ben Jones replied 9 months ago.

Hi there Alfred. Thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 9 months ago.

Many thanks for your patience. Whilst not strictly legal it may be something that will be difficult to challenge unfortunately. Usually you need to check your contract to see when you will get paid but if you don’t have one then it would be the usual ay cycle that you have been paid under so far. So if that is weekly or monthly that is what you can expect. If you have left and they have not paid you in the usual cycle then you can indeed argue that it is a breach by them. The problem is that if they refuse to pay you when it is due, the only way to challenge this is to make a claim in the employment tribunal for unpaid wages. This will take months to get through the system and by them you would have likely been paid. So whilst you do have protection it is not ideal because it does not provide a quick fix and it is really there in the event you are not paid at all. So if the employer wants to delay the payment by 3 weeks, whilst unfair, they can do this and you do not have anything that can be done in such a short space of time to resolve this.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 9 months ago.
Is that only correct if we have a contract of employment in place?
Expert:  Ben Jones replied 9 months ago.

No, it applies in all cases. Hope this clarifies?

Expert:  Ben Jones replied 9 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 9 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks