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liamdorts

Ex Employer With-holding wages

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I left a part-time job at the end of May, and have still not received my last months wages including accrued holidays.

 

I had used the company's phone for private use a number of times and had been told that I would need to pay them back for this. I agreed and had paid them for calls up until the start of May, with any calls made in May to be taken out of my last months wage, which I should have received at the end of June.

 

I was expecting to get paid today, giving them 2 months I thought was fair enough, to allow for them to get phone bills and see what I owed them, which wouldnt be that much.

 

Yet again, I have not been paid. Can they withhold my wages indefinately? Both months paydays passed without them notifying me that my wages were not being paid.

 

On the form that I signed, I said I was happy for them to retrieve what was owed from my last months wages, they never said anything about withholding wages etc.

 

thanks for your help

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No they are not able to withhold wages.

 

I would write them a letter and ask to treat it as a modified grievance under the grievance procedure as you have now left the company. I would state that you have not been paid for May and you believe this is an unlawful deduction of wages. It may be worth saying also that if it isnt resolved you will have no option but to continue to the employment trbunal should the resolution not be satisfactory.

 

They will have 28 days to respond to your grievance. I would give them that ampount of time and if now response put in a claim at tribunal.

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Usually you are paid a month in arrears. If you are paid in arrears as tends to be the norm and your last working day was at the end of May your pay at the end of that month would have been your final pay. Usually that final pay would also include any holiday pay due and deductions etc too.

 

When did you give notice that you were leaving, what was your notice period and when was your last working day with that employer?

 

If your final working day was at the end of May were you paid any wages at the end of May for the month you worked before your last day?

 

If it comes to having to submit a tribunal application you must submit the application no later than three months (less than one day) after the date of the unlawful deduction.

 

If your final working day was at the end of May and you were expecting to be paid then ..and were not, then you only have until the end of August to get a tribunal application in. Likewise, if it was the end of June that you were expecting to be paid and weren't then you need to submit the application by the end of September.

 

1) You must immediately submit a grievance to your ex employer. You might wish to email the letter to them but post it to them too - and ensure you send it by special delivery too so you have proof of postage and delivery. Make sure you put a date on your letter too.

 

2) Also put in the letter the fact that, not only did you not receive the pay (state how much you were expecting, and accrued holiday pay due too etc) due to you, but you also did not receive a payslip either so you want them to provide you with that too. By law an employer must provide payslips - if your ex employer trys to get out of not paying you by saying you owed them money which was to the value of your final pay hence why you got none (and your employer turned out to be right) you can possibly still get them for the lack of the payslip. Tribunals can award the unpaid amount even when the employer turns out to be right to have deducted that money.. if they should have provided a payslip...and did not. Make sure you mention you didn't get a payslip and you want them to provide it.

 

3) If your ex employer doesn't respond by the end of August, even if the twenty eight days aren't quite up by then, you need to submit an ET1 tribunal application by then regardless. Submit it, but you can request that the application is "stayed" to allow the full 28 days for a response to your grievance from your ex employer.

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