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I left my employment 2 weeks prior to Christmas due to not

being paid in a regular...
I left my employment 2 weeks prior to Christmas due to not being paid in a regular pattern. My former employer broke a number of health and safety laws whilst I worked there and has hidden building additions from his landlord and insurance company. Since then he has failed to pay me what I'm owed. Aside From £100 cash and £150 direct transfer, I am still owed approximately £325. When he failed to pay me on the 14/12/12 I contented to call and email him. To which he stated he had proof that he had paid me and it was his banks fault. Since then he has not rectified the problem. During Christmas he failed to pay 7 members of staff that I'm aware of and ignored all forms of communication with anyone. I have now received late payments on failed direct debits due to this nonpayment. Finally being able to get through to him today he threatened to sue me because of a Facebook status a current employee put up on Facebook. This comment however has no names of either the business or family running it. There is no slander or rude comments and it nearly states that I am unhappy with this "mess" where I have left out any explanation to what "this mess" was. It has been 19 days since I was due my payment and we are meant to be paid every 7 days. So theoretically he has missed me out of 2 paydays and the other staff out of 1. How can I pursue this and get my rightly earned money. Regards, XXXXX XXXXX
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Answered in 1 minute by:
1/2/2013
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,087
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long you have worked there?

Customer: 6 months, of which 2 and a half I was classed as an "intern" and was paid £24.76 a week for "expenses".
Ben Jones :

This potentially amounts to an unlawful deduction from wages, which is illegal according to the Employment Rights Act 1996.


 


Under law, an employer can only make deductions from, or withhold an employee’s wages 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; or

  • If the employee has given their written agreement for the deductions to be made.


 


If none of the above exemptions apply, the deductions will most likely be unlawful.


 


In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Also state that if they fail to pay the money that is owed, legal proceedings could follow.


 


If the employer does not return the money as requested, the following options are available:



  1. Employment Tribunal - this is a free claim, although the time limit to claim is only 3 months from the date the deductions were made. To make the claim the following form (ET1) needs to be completed: (http://www.justice.gov.uk/forms/hmcts/employment)

  2. County Court – whilst this is not free, the time limit for claiming is 6 years. Therefore, it is useful if the Tribunal deadline has been missed. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


Hopefully by taking any of these steps the employer will be prompted to reconsider their position and try to resolve this without having to take the matter any further.


 


Finally, you should not be worried about threats of being sued for the comment as you have not done anything illegal by making it.


 


Please take a second to leave a positive rating. If you need further clarification please do NOT rate yet and simply get back to me with any queries or comments you have and I will be happy to assist further. Thank you

Customer: Thank you for your advice. My former employer has a shareholder that is a solicitor and has managed to get him out of paying 2 different statutory demands and helped him form the business even though my previous employer has been bankrupt twice due to "dodgy business". That aside the man is very "slippery" and will make sure I "suffer" for being outspoken. He has also previously sued 3 previous members of staff and has changed his company name on more than one occasion to avoid paying out or going under. I'm just unsure how to proceed in a "safe" way. Thanks.
Ben Jones :

No way will guarantee you get paid because he can refuse to do so and even close down the company if necessary which would make recovering any money quite difficult. But to do things the 'proper way' you should follow the steps outlined above

Customer: Okay thank you for your help.
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,087
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones
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Category: UK Employment Law
Satisfied Customers: 49,087
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Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

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