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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61063
Experience:  Qualified Solicitor
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They dont pay my last salary and holipays Assistant: Where

Customer Question

They dont pay my last salary and holipays
Assistant: Where are you? It matters because laws vary by location.
Customer: New castle
Assistant: What steps have you taken so far?
Customer: Nothing
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: They dong pay my last salary and holidays time
Submitted: 1 month ago.
Category: Law
Expert:  Ben Jones replied 1 month ago.

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

Expert:  Ben Jones replied 1 month ago.

When were you due to be paid?

Customer: replied 1 month ago.
One month ago
Expert:  Ben Jones replied 1 month ago.

Were you an employee or self employed?

Customer: replied 1 month ago.
Employee
Expert:  Ben Jones replied 1 month ago.

Thank you. This likely amounts to an unlawful deduction from wages, which is dealt with under the Employment Rights Act 1996.

Under law, an employer can only make deductions from, or withhold an employee’s wages in the following circumstances:

{C}· If it is legally allowed (e.g. to deduct tax)

{C}· If it is to recover an earlier overpayment of wages made by the employer

{C}· If the contract specifically allows for the deductions to be made

{C}· If the employee has given their explicit written consent

If none of the above exemptions apply, the deductions will most likely be 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 ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date 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 relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also, there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.

Does this answer your query?

Expert:  Ben Jones replied 1 month 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 simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you