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Employment Tribunal Unlawful deductions & counterclaims

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  • #1

    Employment Tribunal Unlawful deductions & counterclaims

    Hi,

    I have a couple of questions about bringing claims for unlawful deduction of wages in the ET:

    1. Am I right in thinking that the three month time limit applies to the end of a series of deductions, so if an employer underpaid you in Jan, Feb + March, you have until the end of June to claim for the whole lot?
    2. Can an employer bring a counterclaim against you if you claim unlawful deductions, or is that only possible when you bring a breach of contract claim?


    Thanks!
    Tags: None
  • #2
    Hi.

    1. Yes you are correct if there has been a series of unlawful deduction of wages then the time limit for the claim being made is 3 months less a day from the time the last deduction was made.
    2. The employer has the right to defend the claim and can argue that it was not an unlawful deduction.
    In what way are you thinking there may be a counterclaim?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.

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    Comment

    • #3
      Originally posted by miaow99 View Post
      Hi,

      I have a couple of questions about bringing claims for unlawful deduction of wages in the ET:

      1. Am I right in thinking that the three month time limit applies to the end of a series of deductions, so if an employer underpaid you in Jan, Feb + March, you have until the end of June to claim for the whole lot?
      2. Can an employer bring a counterclaim against you if you claim unlawful deductions, or is that only possible when you bring a breach of contract claim?


      Thanks!
      Thanks.

      From reading here:

      http://etclaims.co.uk/2012/02/when-c...-counterclaim/

      The company is run by a very difficult individual who constantly throws accusations around, threatens legal action etc. I am currently on notice (I've been put on garden leave), and I know that when I bring a claim for underpayment they will make all sorts of threats etc. My suspicion is that the threats are empty, but wanted to check.

      Comment

      • #4
        If you do make an employment claim which you have said will be for unlawful deduction of wages, this is not a breach of contract claim, therefore there can be not counterclaim by the employer.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.

        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.


        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

        • #5
          Brilliant, thanks Ula!

          Comment

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