How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78641
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

Dear, I hope you are doing well. I have an issue with my

Customer Question

Dear Wilson, I hope you are doing well. I have an issue with my work place
JA: Where are you? It matters because laws vary by location.
Customer: My work place is central London but I'm leaving in Hanger lane
JA: What steps have you taken so far?
Customer: They have delayed my salary and they assuming because of the loss that company has they have the right to do reductions in my salary I have already sent an email that we haven't agreed something like that in the contract
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There were already some behaving issues from the beginning, I've been in the current work for only 1,5 month. The last 4 days I'm out of work because of a family issue. I think that's the main things
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.
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.
Expert:  Ben Jones replied 11 days ago.

I see you have already mentioned that you want to know about your delayed salary. Is there anything more specific that you would like to know about it? I also wanted to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I am dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 11 days ago.
I would also like to know if the have the right to reduce my salary without my permission
Customer: replied 11 days ago.
Nice to meet you Ben
Customer: replied 11 days ago.
Also I would like to know if the company do the salary reduction is there anything I can do to get my full salary. I forgot to mention that I'm hourly paid
Customer: replied 11 days ago.
I've already mentioned that I'm out of work the last 4 days because a family issue is there any possibility the company to hold my salary because of that
Expert:  Ben Jones replied 11 days ago.

Thank you. Are you an employee or self-employed?

Customer: replied 11 days ago.
I'm an employee
Expert:  Ben Jones replied 11 days ago.

Are you officially off sick now?

Customer: replied 11 days ago.
I have sent an email that because the family emergency that happened I had to take few days dependant leave. I mentioned that I don't want to get paid for those days I'm off as It was an emergency
Customer: replied 11 days ago.
they approved that!
Customer: replied 10 days ago.
Are you still there?
Expert:  Ben Jones replied 10 days ago.

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.

Your salary should not be withheld because you have taken dependency leave. Therefore, 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

Expert:  Ben Jones replied 10 days ago.

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 10 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.

Expert:  Ben Jones replied 10 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 10 days ago.
Thank you for your help I will come back to you if I need any further information. Have a great night
Expert:  Ben Jones replied 10 days ago.

My pleasure

Customer: replied 9 days ago.
Good morning sir, I've got paid yesterday some of the money, there is still missing 70 hrs of work. I don't think so I will get those money, what can I do? Thank you in advance
Expert:  Ben Jones replied 8 days ago.

Hi your options to get the remainder are still exactly the same as explained above

Customer: replied 8 days ago.
Thank you
Expert:  Ben Jones replied 8 days ago.

My pleasure

Customer: replied 1 day ago.
Hello Sir,
When I used the app it was saying that I have to pay 5 £ only and now I see that you withdraw 50£ for my account without my permission. If I knew that I wouldn't agree. I wasn't going to pay 50 £ for a question I'm really sorry
Expert:  Ben Jones replied 1 day ago.

Hello, I am just an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link: https://www.justanswer.co.uk/help/contact-us. Hopefully, they will resolve any issues you have to your satisfaction.