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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66847
Experience:  Qualified Solicitor
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I am currently going through i tribunal claim with my

Customer Question

Hi, i am currently going through i tribunal claim with my previous job. I was working there for five years and was on no contract, i gave my notice of resignation on the 20th July 2019 and i am still waiting for my July wages and my holiday pay. They blocked my number and have been avoiding my messages ever since. I have got legal help from ACAS and they couldn't resolve the dispute so they gave me my certificate so i can make a tribunal claim. The issue i really have is that they haven't gave me my payslip for July (the months wages i am owed) this is very frustrating as i don't know the exact money i am owed, i am tight on time as i need to send a formal letter to my ex employers by the 19th of November explaining how much i am owed so we can proceed with the court case. Please can you give me some advice on how i tackle this and get my payslip.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Its a family run business so they don't have a manager or HR, i have spoke to a family friend who is a barrister and he said to talk to citizens advice.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I have a new job now i am also a student at university.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

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.

Expert:  Ben Jones replied 7 months ago.

Have they provided any reason at all for the delay?

Customer: replied 7 months ago.
No they ignored my messages and the manager that was there at the time (no longer there) couldn't help me as he the owner kept putting it off i know that other employees have had the same issue. In August i visited the place of work with my mother whereby we met with him over the phone and he spoke to my mother in a vile matter and proceeded to say that he will "pay me when he feels like it" and then told my mother to 'f** off'
Expert:  Ben Jones replied 7 months ago.

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.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. Whilst the employer has a legal duty to issue you with a payslip at or before the time you ae paid, there is nothing stopping them from refusing to do so. This is in the same way as they should legally pay you but they have not done so. If the employer has not issued you with a payslip then your only remedy is to make an application to the Employment Tribunal for a declaration on what should have been included on the payslip. So you may have to end up making this at the same time as the claim for the pay and say that you are requiring the Employment Tribunal to make a declaration first, before considering how much you are entitled to in unpaid wages.

Does this answer your query?

Expert:  Ben Jones replied 7 months ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 6 months 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