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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73896
Experience:  Qualified Solicitor
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My previous employed wont pay me, no, just finding out where

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My previous employed wont pay me
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: no, just finding out where I stand before challenging it
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

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.

When did you leave and why won't they pay you?

Customer: replied 11 days ago.
Hi,
I left on 28th May 2021, I didn't give the notice required (dream job, couldn't turn down!) they're saying I am liable for the shortfall so have deducted that from my final wage

How long had you worked there for and how much notice should you have provided contractually?

Customer: replied 11 days ago.
I started on 27th April and my contract terminated on Friday 28th May, I was on probation but they said I had to give a months notice
Customer: replied 11 days ago.
File attached (65ZS411)

OK thanks and did you work any notice at all?

Customer: replied 11 days ago.
I have attached a copy of my contract for you to read

Yes I have received it. Did you work any notice at all?

Customer: replied 11 days ago.
I handed my notice in on the thursday, I was put on call by them on friday and I started my new job the following tuesday, so I only gave a days notice

Thank you. Please do not worry and leave it with me for now; 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 11 days ago.
thank you
Customer: replied 11 days ago.
I just wanted to add the emails that I was sent by them, they are saying the shortfall is £2,700, however in my contract it says 'hours are not guaranteed' this to me says it is a zero hours contract, so i'm not sure where they have got this figure from, this is what they have deducted from my final wage (see pay slip attached)
Please let me know if I have a standing on this
Customer: replied 11 days ago.
Some additional facts:
I was put on standby 6 times in the full month I was employed so clearly there was no work for me which is where the loss of business argument falls apartIf it says in my contract 'work is not guaranteed' how could they possibly know what the figure could be for the loss of earnings??I think it is scare tactics to get me to back off but if I can try and get my money back I would like to pursue

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.

Whilst the clause in question can potentially allow the employer to charge you for actual and genuine losses incurred as a result of your breach of contract by not working your notice period, it is very important that they are able to justify such costs and show that they were genuinely incurred and were unavoidable. Most of the time, when an employee leaves without notice, there will be no immediate or serious costs to the business, apart from inconvenience, especially as a lot of the work can be taken on by others or delayed/postponed.

To be able to charge you anything, the employer must be able to show that the work which you were supposed to do during that notice period was not possible to be distributed or taken on by others, or postponed, that whatever happened as a result has clearly cost the company money (it must be costs which have actually been incurred, not just inconvenience) and that there were no other more effective ways to deal with it, meaning these costs were unavoidable.

If you do not believe they will be able to justify the above, you can indeed consider pursuing them for unlawful deduction of wages. 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.

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 11 days ago.
that's really helpful, thank you! do you think an email would suffice or would it need to be a letter?

An email is indeed fine if needed. Hope this helps

Customer: replied 11 days ago.
Thank you, ***** ***** opinion do I have a legal standing to get my money back? even though it says in my contract they can take those deductions from me?

It is not enough for the contract to say they can do it, they still need to be able to justify that these deductions were necessary and reasonable based on the criteria mentioned above. They cannot just penalise you, they must be able to show that they were genuinely incurred costs

Customer: replied 11 days ago.
that makes perfect sense - thank you!

You are welcome

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Is there any way you could send a letter?

we are just an online chat service unfortunately so I cannot send letters on your behalf