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Joshua, Lawyer
Category: Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have been underpaid for tax year 2018/19. Can I claim the

Customer Question

I have been underpaid for tax year 2018/19. Can I claim the deficit from my employer please?
JA: Where are you? It matters because laws vary by location.
Customer: UK. Maidstone, Kent
JA: What steps have you taken so far?
Customer: I was paid the deficit for 2020/21 in February 2022. I claimed the deficit for 2019/20. It was refused by my employer. I took out a Small Claims Court Claim. My employer rejected it. We are having mediation through the court on June 29. I need to know whether I can claim the deficit for 2918/19. I heard somewhere that than I can go back six years .
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.
Submitted: 16 days ago.
Category: Law
Expert:  Joshua replied 16 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 16 days ago.

may I clarify please if you continue have been overpaid on the basis that you have been paid less than your employment contract provides for or on the basis that you have been underpaid because your employer has failed to pay you minimum wage please?

Customer: replied 16 days ago.
I was paid less than my contracted pay grade.
Expert:  Joshua replied 16 days ago.

thank you. If you are bringing a claim in the County Court on grounds of breach of contract because in this case, the employer has paid you less than the contractual obligation owed to you then the limitation period that would apply would be six years and you would be able to recover any unpaid wages that have been underpaid to you in the six years period prior to the date of your claim.

of course, the longer the period in question, it can be more difficult to  prove your claim evidentially as records may not be so readily available the further back you go in time but presumably, you will have access to bank records and so on that can prove your case

Expert:  Joshua replied 15 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 14 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 14 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.