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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77845
Experience:  Qualified Solicitor
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My ex employer wont give me my wages which i worked for,

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My ex employer wont give me my wages which i worked for, what is the law and what can i do
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Manager and HR, they just keep fobbing me off, i was meant to be paid 2 weeks ago
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee, im not with the union
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 thats it
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 15 days ago.
thats fine

I understand your former employer has not paid you. Have they provided any reason at all for this?

Customer: replied 15 days ago.
nothing
Customer: replied 15 days ago.
No

OK and when did you leave?

Customer: replied 15 days ago.
29/4/2022

Thank you

Customer: replied 15 days ago.
No they pay it into bank

Can I also just check how long you had worked there for please?

Customer: replied 15 days ago.
Last friday of every month, i only worked there a month as it didnt suit them
Customer: replied 15 days ago.
Me sorry

No problem. So have you contacted them about this at all to see why they have not paid you?

Customer: replied 15 days ago.
i have many a time, i just keep getting your details are with hr

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

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.

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 15 days ago.
Thank you you have

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.

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