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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73939
Experience:  Qualified Solicitor
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I worked 5 days for a delivery company and not received any

Customer Question

I worked 5 days for a delivery company and not received any money from them,what can you do to help.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have contacted the manager several times and he put the blame on a outside company called securitax
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: no I was a employee for 5 days decided it wasn’t for me ( too old ) and told the manager I was terminating employment with them
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Don’t think so just that I done 5 days work and never received anything
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 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 21 days ago.

How long ago was this and have they provided any reason for not paying you for the days you worked?

Expert:  Ben Jones replied 21 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Customer: replied 21 days ago.
I worked 17 th may till 21st may.The mon and tues were training days they said I would be paid £175 for. I text the manager to say I wouldn’t be back as it’s too much for me and would be looking for a easier job such as bus driver as that it’s what I am used to
Expert:  Ben Jones replied 21 days ago.

Thank you very much for clarifying. 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 21 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.

Customer: replied 21 days ago.
I would like you to recover my wages that I never received.The company is Edsco logistics based in eurocentral Scotland
Expert:  Ben Jones replied 21 days ago.

I am afraid we are just an online chat service, I cannot act for you so I cannot do anything to recover the money you are owed. Also you may as well do it yourself as you will likely pay a lot more for a lawyer than what you are owed