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Where do I stand in respect of claiming back unpaid overtime…

Customer Question
Where do I stand...

Where do I stand in respect of claiming back unpaid overtime and holiday payments that are contrary to the terms and conditions that I carried over a point of transfer.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I originally worked in Kent, UK and transferred to South Lanarkshire, Scotland

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time , I had been with the company since Jan 1992

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was placed on the new company payroll in December 2106 and since then have been paid under there system

Submitted: 7 months ago.Category: UK Employment Law
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Answered in 28 minutes by:
12/9/2017
Solicitor: Ben Jones, UK Lawyer replied 7 months ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,920
Experience: Qualified Employment Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

So have the company been trading under the same business name, since the transfer or have you been working for another organisation altogether?

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Customer reply replied 7 months ago
Up until June 2016 I was working for HPDS LTD and from then was tuped to Record uk
Customer reply replied 7 months ago
I moved from Kent to Blantyre Scotland so as to stay employed as apposed to taking redundancy. I have asked continuously at to what my position is .
Solicitor: Ben Jones, UK Lawyer replied 7 months ago

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Many thanks for your patience. If you wanted to make a claim against the employer to recover these payments you will have to issue a claim in the employment tribunal. The main issue with doing this is the time limits associated with issuing it. There is a strict time limit of 3 months to make such a claim, counting from the date the deductions were made (meaning when you were due to be paid but the employer failed to do so). If the deductions span a period of time, to be able to catch all of the previous non-payments you need to show that there was a ‘series’ of deductions over time. This means that the employer was paying you incorrectly continuously over time. If, at some point, they paid you correctly then the continuity would have been broken and unless you made a claim within 3 months, any deductions before that date would no longer be claimable. However, if you were paid incorrectly continuously throughout this period and at no point did the employer pay you the correct amount, you can potentially claim this as an ongoing series of deductions and claim for them all at once.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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