Bank account & payment issue ?

[diskmandave]

Not usually one for asking in this forum, but a situation that I've never had to deal with has arose..

 

To cut a long story short, one of my Members has lost some "personal effects" about a month ago

which has led to amongst other things, attempted theft/s from his bank account. He informed work

about this and apparently work told him from the off that they could only make payments in respect

of wages for 3 weeks without holding banking details for him due to anti money-laundering

regulations. This has indeed happened, and member still has not provided banking details.

 

Today, this afternoon, all hell has broke loose with said member because work have told him

straight off that they can't pay him anymore, as advised a month ago, because he still hasn't

provided any banking details.

 

Member claims to have spoken with a solicitor as well as ACAS who've advised him that it

is an illegal deduction of pay as well as breach of contract. I'd actually be happy to advise this

myself if it was in the first instance and not a month down the line after being told upfront what

the rules were, but I suspect that he hasn't told them what he was advised from the get-go and

is tailoring their advise to suit his needs.

 

Bottom line is, member is going to be left without pay over Christmas, and isn't doing himself

any favours with his attitude towards those who are trying to help him. I dare say he'll be taking

legal action and refusing to work and resigning amongst other things tomorrow, and IMHO is

great danger of being sent home without pay if he refuses to work again.

 

As much as I don't like the idea of ANYONE being in this situation over Christmas, from

what I can see work have been (begrudgingly) supportive for the period stated from the

offset, and furthermore even during a heated "debate" this afternoon seemed to infer that

as a "last time one off" they would with HO's permission pay an advance from petty cash

of £140 being the canteen takings (otherwise a cashless business), but this was refused

point blank and out of hand as unacceptable..

 

Thoughts please????

 

Thanks in advance...

[Mash It Up Harry]

The guy sounds like a bit of a nightmare - not what I was going to type initially!

 

There is no law that says salary can only be paid into a bank account. However, your employer's are right about their responsibility to ensure that they take every possible step to ensure their employee's identity.

 

Now put all of that to one side and forget it! The reason being will probably lie in your terms and conditions as well as your contract of employment. I suspect that your employers prefer to only payinto your own bank account. It's their choice of how they administer their payroll & it's your choice whether you work for them. Simple really.

 

From what you've said, your employers appeared to have bent over backwards in trying to help your friend. Why on earth can't he continue to have his salary paid into his own account? There are clear procedures in place for banks to deal with this kind of thing. Even if your friend wasn't happy with the way his bank responded to his problem, why hasn't he simply opened another account? It would take less than an hour to go into a branch to do this.

 

Your friend isn't helping himself one bit with his attitude. If he's refusing to work, at best he won't get paid for the absence, at worst the employers could reasonably take the view that he has resigned. By all means, take legal action. It won't achieve anything as your employers don't appear to have done anything illegal.

 

The best advice you can give your friend is to ask him if he really wants a job. If he does, then tell him quickly to get a suitable account sorted quickly!

[Mash It Up Harry]

Incidentally, this isn't a 'deduction' of pay. They are withholding payment. There's a difference.

[diskmandave]

Thanks for your thoughts Mash.

 

This guy is a complete nightmare and nasty with it too. He knows just what to say without

actually issuing a threat, but leaving that little doubt that he may do what he threatens.

Nothing is his fault, and everybody else is wrong..

 

I'm aware that it's not a deduction, as I stated, I believe he's taking advise from outside

the Union (ACAS) without giving the full facts and then reconstituting different opinions

to suit his own ends. Work have bent over backwards to see him paid but not out of any

sense of fair play, personally I would have suspended him on the spot for Serious

Misconduct Insubordination given the way he's spoken to "those upstairs" just today, had

I the authority..

 

He actually lost his wallet whilst p!ssed and lost all his private cards including his Digital

Tachograph Card. His bank have closed his account, and work have even let him drive

a non-tachograph van because he won't pay for a replacement DTC until work sort his

problem out FOR HIM...

 

It all boils down to the same thing... Nothing is his fault and everybody else has to sort it for him.

He even injured himself throwing a piece of equipment 2 weeks ago when his cheque didn't arrive

and has told me I HAVE TO put a claim in for him!!

 

I've a feeling that the you know what's going to hit the twirly thing tomorrow and appreciate

you're feedback, thanks again..

[Sidewinder]

Hi Dave

 

Not much to add to what Mash It Up Harry has already advised. This guy has not a hope in hell of getting his own way. Payment methods are a matter of contract, and as things stand he is unable to fulfil his contract and stands a good chance of very easily justified disciplinary action. There is no right for an employee to be paid in cash, and if payment into a bank account is the customary method, and more so if agreed specifically by contract, then he has only himself to blame. It is a straightforward matter to open various types of accounts whereby his wages could be deposited and the time allowed by the employer to do this has been more than reasonable.

 

The loss of the DTC may well also be a cause for the employer to discipline him as it is essential to carry out his duties - they wouldn't even need to get involved in the whys and wherefores of insubordination.

 

100% agreed. Nightmare and I don't envy your having to represent him!

[diskmandave]

Just a small update.. "He" refused to work today and was absent without permission. He rolled in at 3:30pm

with new bank details, but this was just as I was leaving after a hard 10 hour shift so I had no intention of

hanging around. I've heard that he's been suspended from driving and has had his work phone taken off him.

If things go down the usual route he'll be on "naughty boy duties" until he either publicly backs down or leaves.

[Roblynmouth]

Just a note most unions say that if you use outside help [ACAS] then they have the right to withdraw their assistance. Goes against he grain I know but on the other hand what did he join the union for if he won't listen to it when advised?

Perhaps try and catch the bugger at home/pub, sit hi down and explain the facts of life to him?