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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38727
Experience:  Expert in UK Employment Law
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I didnt get paid by my Employer the full hours i have been

Customer Question

I didn't get paid by my Employer the full hours i have been working, from the beginning i have been not registered on the In-Store Punch in machine, and there were problems with my working hours, as branch manager had to put my time ive done manually in the system, but sometimes he forgot to do that, and i didnt get paid till next month, now after ive quit cuz this situation happen couple of times, i didnt get paid fully for my last month, only the basic hours, Im 100% sure that ive done twice more+ hours, but there is no record of it in the system as they didnt put it in, only the basic hours the system have put. Me or the Employer dont have any proof of my working hours, but i still want my money. I was struggling to get full pay from them (The Co-Operative) every month. They still own me money from the month before, but they don't have a record of those hours because manager or supervisor just forgot to put them trough. What should i do in this situation ?
Submitted: 3 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello

 

Thanks for your question. Please don't forget to press Accept once you get my answer. For now please let me know:

 

1. Have you formally approached your employer in relation to this?

Customer: replied 3 years ago.
Yes, the Branch Manager said that he can't do anything about this because there is no record of my hours ive done because no one have put them in the system
Expert:  Ben Jones replied 3 years ago.
Whose responsibility is it to enter the hours on the system?
Customer: replied 3 years ago.
Branch Manager or Supervisor if manager is not on the duty, normally we use a punch in machine for the hours, but manager didnt register me on it and i never could use it, that's why the hours were put manually.
Expert:  Ben Jones replied 3 years ago.

If you are not being paid for the hours you have worked and are entitled to then that cold amount to unlawful deduction of wages, which you are protected against under law. This is especially true if it is your employer's responsibility to track your hours and they have failed in their duty to do so.

 

You can try nd resolve this by raising a formal grievance first. If that does not resolve the situation then you may give them formal notice to pay you within 7 days, failing which you will take them to an employment tribunal.

 

If they fail to pay you, then you have 3 months from the last time you weren't paid correctly to submit your claim to try and recover what you are owed.

 

I hope this helps. Please press the ACCEPT button. You would still be free to ask any follow up questions for free. Thank you

Ben Jones, Solicitor
Satisfied Customers: 38727
Experience: Expert in UK Employment Law
Ben Jones and 2 other UK Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
I did not sign any Contract with the employer as it never got presented to me, is that going to be a problem ?
Expert:  Ben Jones replied 3 years ago.
A contract would be implied in any case, based on what you have usually been paid up to now
Customer: replied 3 years ago.
what should i write in the grievance letter in that situation, im not really a law letter writer and google is not helping at all ^^
Expert:  Ben Jones replied 3 years ago.
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