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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61845
Experience:  Qualified Solicitor
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My old boss is with holding money that is owed to me by

Customer Question

Hello. My old boss is with holding money that is owed to me by today. Using the reason that they are waiting for any parking tickets to show up that might be outstanding (bearing in mind it has already been two weeks since I left the company) and this is the first that I’m hearing of it. I was just wondering if that reason had to be given to me in advance before the date of pay
Assistant: Has your boss discussed this with a manager or HR? Or with a lawyer?
Customer: not that I am aware
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: I was classed as employed and all play was supposed to be going through a separate payroll company. There were no unions
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Nope that’s all thank you
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

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

Expert:  Ben Jones replied 16 days ago.

Does your contract say anything about deductions the employer is entitled to make? Also, how long had you worked there for?

Customer: replied 16 days ago.
As far as I’m aware my contact doesn’t state anywhere about with holding pay after termination and I have been there for about 6 months
Expert:  Ben Jones replied 16 days 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 16 days ago.

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?

Expert:  Ben Jones replied 15 days 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 14 days 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