Saturday, November 24, 2012

An Employer Hasn't Paid Me


Has your employer not paid your wages? If so then you're probably stuck trying to figure out a way to get your hard-earned wage. You're probably feeling disgusted at how an employer is able to hold pay knowing how hard you've worked for it, and as a result you may even feel the need to confront him/her and demand the wage in an aggressive manner. Well before you do something irrational such as that, you need to know that help is at hand!

There are things you can do to get your money back. This article will give you a good idea of what you need to do in order to get your payment. However before you can move forward we need to know whether you have the right to receive payment. If the employer has withheld your payment, then the employer must let you know why they have done so. It must also be stated in your contract that such deductions can be made depending on the circumstance. E.G if you damage the company's property then you will be liable to pay for the damage, and this may be deducted from your wage as long as your contract states that you're liable for damage to company property. If no such deduction exists in your contract or if you didn't do anything that results in a deduction based on your contract then you are entitled to your wage. Otherwise if your employer holds your wage without written notification with good reason then it is classed as unlawful deduction of wage.

If the above doesn't apply to you and you do feel as though you deserve your money, then here's what you need to do. Firstly, need to make a case at the employment tribunal. The employment tribunal is used specifically for cases such as this, including an accidental mishap that occurs at work. This is a service that employees can use to make a case for free without worrying about paying for legal fees. It's basically a no win no fee claim. In order to make a claim you need to go to the following website http://www.justice.gov.uk where you will find other relevant information as well as an application form to start your claim.

After you have sent off your application you just need to be patient. You will normally be provided with an advisor who will contact and advise you on your situation. The advisor will try to be a middle man between you and the employer in order to come to a compromise, and would normally be able to generate an offer from the employer for you. However sometimes the offer is a lot less than what you expect, and in that case you can chose to refuse it and continue with your tribunal case where you may be able to receive the full amount that you're after. You should know that if you lose your case, you will end up with nothing so if you feel as though your case isn't as strong as it should be, then taking the lowered offer may not be such a bad idea.

Please also note that the above information is only relevant within the UK. I would advise you to do some research from your local council's website which is where this type of information would normally be found.

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