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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70357
Experience:  Qualified Solicitor
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I was on paye, but also freelanced for the same company,

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I was on paye, but also freelanced for the same company, they are refusing to pay me my hours off paye. What can I do?
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: I've been twoing and throwing with the director of the company for several weeks now. He's refusing to pay me
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No union. I was an employee and I freelanced for them I don't work there any more
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's all Thank you

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.

Why are they refusing to pay you? and how much are you actually owed and how long has it been outstanding for?

Customer: replied 7 months ago.
It's not alot, but it's my wages, they where happy to pay me before I left. Now I left before pay was due they're refusing. Its approximately £265/75 so not alot.
Customer: replied 7 months ago.
They payed me 16 hours pm on paye anything over that was cash

OK and how long has it been owed to you for? Have they provided any reason for not paying you to date?

Customer: replied 7 months ago.
Since 23rd Jan

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.

Customer: replied 7 months ago.
Thank you. I have been twoing and throwing with the director about this since then, and he's just refusing to pay me what I'm owed. I'm a mum with 5 kids so I need to be paid what I'm owed.

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?

Customer: replied 7 months ago.
I had no contract at all. Nothing was ever agreed

you would have still had an implied contract so you do not necessarily need something in writing to have rights. Does this clarify things a bit more for you?

Customer: replied 7 months ago.
thank you

All the best

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