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Hubby and son both worked PAYE for the same construction firm always away from home so traveling expense's and meal allowance were paid separate to wages lodge was paid direct to hotel by the company

 

they came to him one Friday and informed them that they weren't going to pay hotel anymore but they would give them £25 a day for digs (jobs in London) this was to start on the Monday

 

Hubby and son handed in their notice and had to travel every day to the job (well they didn't have to but felt they should work the notice week to keep everything right)

 

As this is a construction site the company tools were taken from site buy my hubby and son at the company's request

 

they have not been paid their last weeks expense's and want them to be paid in cash when they drop the tools off (firm doesn't have a good payment record with sub contractors) hubby and son have told them pay the expense's and wee will drop of the tool

 

It has got to the stage that they have given them 3 days to drop off the tools or they will take them to court

 

I'm not sure how we stand with this any help guidance would be appreciated

I have e-mailed them and told them to come and collect their tools and drop of the payment due

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They need to write to the company and state that the are willing to return the tools at the same time they get paid.

If they want to take them to court they would have to explain why they wanted to withhold payment of the wages and didn't agree to pay the wages at the same time they got the tools back.

The judge won't be impressed.

However, as the tools belong to the company, if they report a theft to the police, hubby and son might get a visit from a pro active pc, but as it goes, on hearing that wages are outstanding, most likely the police favourite punch line would come up "civil matter" and they would leave it at that.

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Both can threaten via LBA, a SCC claim for unpaid, outstanding wages if not paid as promised.

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Hi

 

IMO the payment of Wages and the Return of Company Property are 2 separate issues and need to be treated as such

 

1. If they do not pay their wages then they would need to go through the process of taking them to court for those wages.

 

2. The Companies Property - They has asked for this to be returned by a certain time limit and if this is not done the Company would then have to go through the process of taking them to court for recovery of that property at the same time they may also report that property as stolen/theft to the Police.


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