salary withheld

[kaymartin2010]

I was made dismissed earlier this month, it wasn't really that fair, but I have no grounds to stand on due to the length of employment was just under 3 months.

 

What is more angry is that they have withheld my last month's wage, not letting me know before the pay day, only to find out on the pay day itself.

 

My job title was e-commerce coordinator. They wrote to me in the end to say the reason they are withholding my salary is because they are investigating a serious of incidents which "may" involved me accessing their website and made changes to their business and in a result they suffered substantial financial loss.

 

Now my feeling is that something has gone wrong and they are left with a gut feeling it was something to do with me.

 

However, they quoted in their letter a term from the staff handbook, which says...

 

"In case where the company has suffered a loss of money, stock or other goods that is found to be attributable to you, the company reserves the right to deduct the equivalent money or value of these goods from any outstanding salary due"

 

Now my argument is, currently they are saying that I "may" be involved, so that is not "found" to be?

 

So do they really have the right to hold my salary, when they have no evidence to confirm it is me while the investigation is still in progress, as stated in their letter.

 

Thanks

[geoff1248]

By withholding your salary they have already assumed that you are guilty as charged.

"In case where the company has suffered a loss of money, stock or other goods that is found to be attributable to you,....."

 

Surely this does not give them the right to withhold monies in advance of something being attributable to you.

[kaymartin2010]

But they have provided no evidence to confirm this, also in the letter they said an internal investigation is still in progress, and salary has temporarily held until the completion of this investigation... that is why they used the words "you may" in their letter when mentioned those incidents.

 

if they are still investigating, then they do not know for sure who this person might be. Therefore, they have no right to withhold my wages, right?

[Allwood]

No, certainly not, they have no right to withhold your salary, It there is a problem, then they can deal with it in their own time and advise you of it.

 

If the staff handbook say, if it is 'FOUND' therefore it has not been found as yet and they are accusing you without evidence been available to them.

How long have you been with the company and were you paid in advance or in arrears when you first stated with them.

[kaymartin2010]

Thanks Allwood, I thought so, but I am getting mixed feedback from people, so unsure which is right.

 

I have been with them for 3 months, they are like many UK companies, pays all employees at the end of of every month they have worked for. So in arrears.

[kaymartin2010]

I am not sure who to go to now, whether to seek advice from a private lawyer or go to CAB

[Sidewinder]

CAB, or a lawyer will inevitably give you the same advice. The contract, whilst you have agreed that in the event of being guilty of causing financial loss you may have outstanding salary witheld, is not sufficiently watertight to enable them to do this until it has been proved - there is no clause enabling them to withold the money whilst under investigation. Therefore, the failure to pay your wages on the due date may represent an unlawful deduction contrary to Section 13 of the Employment Rights Act 1996. You may demand payment of your wages, and instigate County Court of Employment Tribunal action in order to recover them should they refuse.

 

If they could not conclude the investigation prior to dismissal, then they should pay you as normal and sue for damages in the event that there is sufficient proof of wrongdoing in order to recover the salary.

[kaymartin2010]

CAB, or a lawyer will inevitably give you the same advice. The contract, whilst you have agreed that in the event of being guilty of causing financial loss you may have outstanding salary witheld, is not sufficiently watertight to enable them to do this until it has been proved - there is no clause enabling them to withold the money whilst under investigation. Therefore, the failure to pay your wages on the due date may represent an unlawful deduction contrary to Section 13 of the Employment Rights Act 1996. You may demand payment of your wages, and instigate County Court of Employment Tribunal action in order to recover them should they refuse.

 

If they could not conclude the investigation prior to dismissal, then they should pay you as normal and sue for damages in the event that there is sufficient proof of wrongdoing in order to recover the salary.

 

Thanks for the info.

 

FYI - The dismissal and the withholding my salary are two separate issues, they are suggesting the incidents of breaching their website security occurred after I left the company.

 

But still like you said, without proof, they have no right to hold the salary during the investigation.