Can a employer withhold wages due to covid 19

[Emmzzi]

You have some legal advice there; what are the practical realities?

 

In a small business he is more likely to be let go for "making a fuss." Is that likely? How easy would it be to get a different job?

 

The action you take depends on the severity of the posotion.

[Emmzzi]

It is indeed unfair. The law is not on the employer's side but in the real world we know employers can and do find ways to dismiss people they perceive as "awkward" or not fitting their needs 100%. Now you will get posters on here that will advise you to contact this and that government agency to to get a lawyer. You can do that if you want to. It is entirely possible in your situation with the little uns needing support, than actually *not* working may be the best choice for both of you; I don't know. You might want to investigate the benefits position just in case.

 

I'm saying you need to balance risks. Shouting the odds about your rights and the law seldom works in the long run; sitting down and saying "how can we fix this" sometimes does.

[Emmzzi]

Becky, in your experience how long would it take for that six months of earnings to be physically in the hand? This would be assuming a clear unfair dismissal as opposed to performance issues.

[Emmzzi]

here is the legal position

 

emergency parental leave is to organise someone to do the caring; not to do the caring yourself

 

This is not an emergency, it is planned and known about in advance.

 

Therefore the employer is technically correct

 

That said, I think the employer is being a heartless swine. Me, I'd take the time off and let the cards fall where they may.

 

- what advice do the patient service at Alder Hay have? (can't be the first time this has happened)

- anyone else in the family to help?

[Emmzzi]

 

if you can't no longer do your job because of your disability your employer has a duty to make Reasonable Adjustment (see section 20 of the Equality Act 20)

 

 

they have duty to consider adjustments and decide if they think them reasonable or not... and can reject them if not.

[Emmzzi]

I have attached the relevant section of the Act, please could you show where you got the information that it is only a duty to consider reasonable adjustment

 

Sigh. Please read what I actually wrote and not what you think makes a good arguement.

 

I'm here to help people, not to pretend to be a lawyer or points score.

[Emmzzi]

I have never said I was a lawyer

 

I only asked that you provide the source of your statement

 

While we try to assist, we also learn (nobody knows everything)

 

Learning also means debunking a myth

 

I have always seen that it assist people greatly when you provide the source of your information as it would give them more confidence

 

That's why I asked for the source of your information

 

If the OP asks me, I'll answer, but I've no interest in continuing pointless academic debates with you. And honestly, you do not need to tell me you are not a lawyer, I had worked that out quite some time ago.

 

In this instance, my opinion is that straight forward advice pertinant to the situation at hand is most useful; not a long screed of sample cases, or points of law which are easy for the lay person to misinterpret, which might or might not be useful in a theoretical ET which will probably never come into existence. By the time it gets to ET, you've already lost your job. And debating law with your employer is never a great tactic for getting what you want. We do not live in a fair world. Pragmatism will win out over pendantry in almost every case.

 

I see OP has not been back since they first posted. That's quite common in threads which descend into point scoring and law/case quoting, from my observations. I don't have case law to back that up, by the way, before you ask yet again. And I think driving people off with irrelevant rambles does more harm than good. Again, my opinion.

 

I do wish we could focus more on actual helpful advice, and not long rambling screeds of "what ifs" and cases of dubious relevance that simply confuse the core issues.

 

A simple review of the actual wording of my posts will reveal the point I am making; no sources or cases required, just logic and a basic grasp of language.

[Emmzzi]

Notice period depends on what is written in your contract. But, if you walk, do you really think she’ll sue?

 

constructive dismissal - no chance. You need to go through internal processes first, like a formal grievance. Move on and be happy, forget them.

 

But do contact the HSE before you forget them....

[Emmzzi]

there's no way to effectively force them to pay.

You're right that you can go to court.

it won't be fast, but money claim online is not wildly expensive.

However; if they don't have it then they don't, and no amount of court orders will make cashflow appear. 

 

Have you checked what benefits you are entitled to?

[Emmzzi]

I’m not saying their behaviour is legal. I’m saying you can’t force them to pay up instantly. 

[Emmzzi]

Hi,

 

 I think I have answered the legal question.  There is no fast way to get the problem resolved; it;ll be court.

 

However, you are clearly under a huge amount of pressure so here and some other ideas not related to the legal side of things.

-  ask for help from your local foodbank

- if you have debts, would you consider going onto a managed debt plan via eg CAB, to get your payments to a token amount

- do any employers either of you have worked for have a benevolent fund?

- do take a phone consultation with your doctor about managing the stress

- remember the samaritans are only a call away, 24/7

- contact shelter for accurate information about how long evictions take - you have more breathing space than you think. https://england.shelter.org.uk/housing_advice/coronavirus

 

I'm sorry we don't have an easy answer for you. Take care.