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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78649
Experience:  Qualified Solicitor
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Haven't been paid by emoloyer, Northern ireland, None I've

Customer Question

Haven't been paid by emoloyer
JA: Where is this? It matters because laws vary by location.
Customer: Northern ireland
JA: What steps have been taken so far?
Customer: None I've text the employer loads of times git no reply
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: None
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.
Customer: replied 11 days ago.
Okay
Customer: replied 11 days ago.
I can't call
Expert:  Ben Jones replied 11 days ago.

I understand your employer has not paid you. What reason, if any, have they provided for this?

Customer: replied 11 days ago.
They haven't given a reason
Expert:  Ben Jones replied 11 days ago.

OK thanks, ***** ***** did you start working there?

Customer: replied 11 days ago.
A few months
Expert:  Ben Jones replied 11 days ago.

Thank you, ***** ***** much are you owed. If you could please also provide some more information on the circumstances it would help me to better understand your situation.

Customer: replied 11 days ago.
They promised me 400 a week so about 800 coming this week that's 2 weeks payment
Customer: replied 11 days ago.
The employer also keeps changing the days of payment
Expert:  Ben Jones replied 11 days ago.

OK and so that I can best advise, what specifically would you like to ask about this please?

Customer: replied 11 days ago.
Just like advice on what to do next I'm low on income because when I work as a delivery driver and its costing me too much to be able to return to work
Expert:  Ben Jones replied 11 days ago.

OK I understand and thank you for providing the information requested. 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 and the system will notify you when this happens.

I should also 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 will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 11 days ago.
How long would it take
Expert:  Ben Jones replied 11 days ago.

As mentioned, 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 will be dealing with your query and will get back to you as soon as I can. Thank you in advance for your patience.

Customer: replied 11 days ago.
Will I get a reply today
Expert:  Ben Jones replied 11 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.

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, a claim can be made in the Industrial tribunal:

https://www.employmenttribunalsni.co.uk/making-claim

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 11 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.