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Unpaid wages

Question

I left a job with the branch of a high street clothing chain after eight days, because I hated it. The trouble is, I hadn't signed a contract. So, am I entitled to be paid for the work I did?

Answer

There is always an implied contract when taking up a new job, even if there isn't a written one, which means you should be paid. If you were due to receive a monthly wage then it may well be that the company's accounting system has yet to issue the money. If you have not had your pay by the end of the month then you may need to start a process to get your unpaid wages.

It's best to do this in a way that does not antagonise the company and gets you paid as quickly as possible. Firstly, pop into the shop, ask to see the manager and explain that you have not been paid. Make sure they have all the information they will need to pay you, such as your National Insurance number and bank details.

If nothing happens in three or four days, write to the manager of the store and send a copy to the company's HR department at Head Office, stating that this is a step one letter in the statutory grievance procedure.

In the letter, set out what has happened and your wish to claim pay for the work you did. You should also state that with great reluctance you will be issuing an Employment Tribunal Claim Form (ET1) for unauthorised deduction of wages. When you write this letter keep a copy and send it by recorded delivery. That way you will know when it has been received.

If this doesn't get your money then you will need to actually issue the ET1 and take the company to the Employment Tribunal.

It would also be a good idea to seek face-to-face advice from your local Citizens Advice Bureau (CAB) or Law Centre about step one letters, employment tribunals and unauthorised deduction of wages. You can also get advice over the phone from Acas on 08457 474747 and from the Employment Tribunal website. You will need to take this action fairly quickly as there is a three month time limit on getting the ET1 issued from the date you left the job.

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Updated: 09/02/2010


Question answered by CAB


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