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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73502
Experience:  Qualified Solicitor
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BUT MY ENGLISH IS BAD,ME PROBLEM.. AGENCY IDEAL NOT PAY ME

Customer Question

GOOD MORNING IM SORRY BUT MY ENGLISH IS BAD,ME PROBLEM.. AGENCY IDEAL NOT PAY ME FOR ONE WEEK,I SPOKEN WITH BOSS AND SHE TELL ME BECOUSE I NO WORKING,BULL SHIT TO MANY PEOPELS WITH ME WORKING NO SCHANCE BROKEN 7 SCANERS JUST ME THIS IS FINISH MY WORK THEY WOT I MUST DOING?FOODS,RENT?? I,M EMPTY.. ON THE STREET? I LIVING IN UK 15 YEARS
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: NO I RING TU BOSS AGENCY BECOUSE ONE WEEK IM SEEK SHE TOLD ME IS CHECK SCANERS AND ASK MENADZERS AND THEY NO SEE ME 5 DAYS BUL...
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: NO I WORKING ONLY ONE MONTH AND WHEN I TRY AGAIN TOO MUCH SHE BLOCKED ME AND HAVE ME,YOU KNOW..
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: OK THANKS
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 16 days ago.

How much are you owed? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 16 days ago.
ok..
ktoś mi zajebał pieniądze i jestem wkurwiony,a że skye to wie to wie..a jej zachowanie i kłamstwa i mówienie mi ze mnie nie bylo to chamuwa,ivana tobie przetłumaczy,PÓŁ ZAKŁADU MNIE WIDZIAŁO!!!!!!!
NIE JESTEM Z PIERWSZEJ ŁAPANKI!!
Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

The employer’s actions will most likely amount to an unlawful deduction of wages, which is dealt with under the Employment Rights Act 1996.

Deductions of wages occur when an employer either makes actual deductions from an employee’s pay, or they stop their pay altogether. Under law, an employer can only do these in the following circumstances:

- If it is legally allowed (e.g. to deduct tax)

- If it is to recover an earlier overpayment of wages made by the employer (no prior consent is needed, but at the same time they should discuss how this may affect the employee, considering any outgoings they have to meet)

- If the contract specifically allows for the deductions to be made

- If the employee has given their explicit written consent, such as in a separate written agreement

If none of the above exemptions apply, the deductions will most likely be treated as being 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/or breach of contract and request that they repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what has been unlawfully deducted.

If the employer does not return the money as requested, the following options are available to take things further:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the last of 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 next steps to initiate this procedure are to contact them, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-####

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. It is therefore a useful alternative if the 3-month deadline for the Employment Tribunal has been missed. Also, there is no need to negotiate before starting a claim and the claim can also be made online by going to: https://www.moneyclaim.gov.uk/web/mcol/welcome

Ideally, by warning the employer that their actions are unlawful and that legal action is considered, they will be prompted to try and resolve this and return the money with the need to take things further.

Expert:  Ben Jones replied 15 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.