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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61235
Experience:  Qualified Solicitor
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I currently left my job started on the 28th of may 2019

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I currently left my job started on the 28th of may 2019 finished 2nd Oct.
Assistant: Where are you? It matters because laws vary by location.
Customer: Sorry I wasn’t finished with my question. I never received my last pay which I thought would be my served time 4 months at 1 day and 3rd and 2 days notice, I did give 1 week but they terminated my contract 2nd into my notice. I have sent the MD an email asking for my pay but not had a response he is also HR and deals with payroll. I live in Gillingham Kent.
Assistant: What steps have you taken so far?
Customer: I have sent an email to the md who is also in charge of payroll asking why I haven’t been paid for this. I yet to receive an answer from them.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Customer: replied 15 days ago.
Ok what would you like to know.

Why did the terminate your contract without allowing you to work your notice?

Can I also just check, were you a paid employee or self employed?

Customer: replied 15 days ago.
Not sure to that answer I gave 1 week notice on the 1st and got email back on the 2nd saying it’s been terminated and I don’t need to work to the 4th.

OK and were you an employee or self employed?

Customer: replied 15 days ago.
Employee

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. This potentially 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?

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

Customer: replied 14 days ago.
Yes thanks

All the best

 

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