advice needed

[kgrant]

my husband did some overtime back in january and has still not been paid for it, he has told his employer month after month and each time he says ill look in to it and still he hasnt then last month when it still wasnt included in his pay he got on to his manager and said he wanted it by the end of the week or he wouldnt come in until he had it anyway she spoke to his employer and he was give most of it out of petty cash, this month when he got paid it had been taken back off his wage, so he confronted his employer once again who said he wasnt aware it had been taken back, the a few days later he told my husband that he wasnt getting this money back as it was a loan from petty cash. my husband is getting really p****d off now and doesnt know what to do next also last year he changed the shift patterns so instead of my husbands contracted 36 hours a week he now only does 35 but has never recieved a new contract, also his boss decided to change the pay date from the last friday in the month to the 15th of every month, leaving my husband waiting 6 weeks for his wage, although the staff were notified before hand my husband wasnt as he was away on holiday,he is still owed 18 hours overtime from last july which he has never recieved, he can never get hold of his employer to sort things out and when he does all he gets is he will look in to it, he never recieves his payslip before payday he still hasnt got his payslip from may , and best of all after the loan fiasco my husband asked again about the money he was owed and he said ill have to check wether you are owed it after been told for the last 5 months that his pay in january was short , he is now looking for another job but any advice what he can do in the meantime to get this money back? we have looked at the acas website , the one thing that stands out is contracts if he is contracted for 36 hours he should be getting paid 36 hours is this correct?

[Hobbie]

Is your husband member of a union that has negotiating rights with the employer? If so he should report it to the local rep.

If not fear not.

He can raise his issue with someone above his manager, he should first of all inform his own manager that he would like it escalting to Payroll/HR/Coporate Services who ever deals with these issues within the organisation.

He also has the option to lodge a grievance against who ever is refusing to authorise his payment.

Failing that, then ACAS can become involved.

[kgrant]

the problem is this is a small company with one bloke who owns 4 care homes , he used to do the wages but we are not sure who does them now its not a huge company or anything like that. am i also right in thinking that the money shouldnt have just been deducted without my husbands knowledge, he's not allowed to do that is he?

[Hobbie]

Any deduction from a pay cheque is unlawful, unless he consents to the deductions or a court liability order instructs an employer to make the deduction.

If it is a one man outfit, then surely that is the person who is stopping the overtime from getting paid, and to pay from petty cash, it must of been him who then took it back from your husbands wage.

Withdrawing his labour can cause more problems than it may sound, he should try to resolve it with the manager, write a letter and hand it to him, outlining that he wants payment, he can and should consult with ACAS though, and if all else fails, he does have the option of going to an employment tribunal which may order his employer to pay the monies owed, this could also safeguard his position within the company, so if his employer decided to dismiss him before/during/after the tribunal hearing it could be seen that his employment deteriated, tribunals thrown upon this and take stern action against the employer, which can include ordering the company to re-employ him or cough up with a substantial payout.

[kgrant]

he isnt actually going to walk out or anything its just he is getting really fed up its making him ill he is already stressed ,the employer(owner) did do the wages up untill recently now we are not sure who is doing them, ive read some of the things on employment law and another thing that stands out is the bit about wage slips he never recives his payslip before or on payday it can be anything up to a month after he has been paid so we never know if his wage is right until it goes in the bank then if its wrong we dont know why its wrong,

[Hobbie]

kgrant,

I think in the circumstances, your husband should write a letter, don't let any personal feelings or opinions be shown in the letter. Keep it simple and straight forward. Address it directly to the employer, ie; If he is employed by Mr Smith (as per contract) address it to him, if he employed by ABC Ltd (as per contract) address the letter to the company secreatary.

Things he needs to point out, is that he provided his labour beyond his contracted hours (overtime) on the understanding that he would be reimbursed for this on his next pay period, had he known that he would not be paid for this overtime he would not of provided his labour beyond contracted hours, the letter should only contain key facts, and not allow his personal opinion of the company, be abusive, sarcastic, etc.. to be shown in the letter.

But personally, I would give ACAS a call, and get some professional advice, I would hate your husband to act on anything i've said and for it to make matters worse for him. Remember ACAS are a free service, costs no more than a phone call.

[vonnie32]

I would agree something needs to go to the employer in writing - telephone calls or discussions are easy to deny and if the worst happend it would be good evidence to have.

The CAB also offer a free service for resolving these types of disputes