Ex Employer Withholding Pay

captainpie_2 · 28 August 2012 at 10:26PM

Hi,

i was hoping for some advice?

It would seem that the employers I left at the end of last month are withholding my pay. From what I can gather this is illegal.

I am expecting them to pay me around 4 days wages along with outstanding holiday that I accrued totaling another four days along with £600 of unpaid expenses. This is the difference between me paying my mortgage this month and not.

I have emailed them and asked why they did not pay me on the contracted date which passed on Friday just gone but have received no reply.

What are my option?

Any help would be greatly appreciated.

Thanks in advance

princeofpounds · 29 August 2012 at 10:16AM

hi there,

assuming your calculations are right, then this would seem to be a clear situation of 'unlawful deduction of wages'. Google the term and you will get a hundred explanations for it.

Ultimately, you would need to consider taking your ex employer to an employment tribunal. This is not an expensive process for you and doesn't normally require a lawyer if you are confident.

Usually the threat of a tribunal is enough to force a settlement. Your next step could be a formal letter, or a formal 'letter before action' with a deadline which is where you quote the relevant legislation, and threaten to escalate to the legal arena.

I would also encourage you to communicate in writing with proof of postage rather than email.

Wywth · 29 August 2012 at 7:32PM

captainpie wrote: »

Hi,

i was hoping for some advice?

It would seem that the employers I left at the end of last month are withholding my pay. From what I can gather this is illegal.

I am expecting them to pay me around 4 days wages along with outstanding holiday that I accrued totaling another four days along with £600 of unpaid expenses. This is the difference between me paying my mortgage this month and not.

I have emailed them and asked why they did not pay me on the contracted date which passed on Friday just gone but have received no reply.

What are my option?

Any help would be greatly appreciated.

Thanks in advance

Give them a call. There could be a simple explanation for this oversight, and if not at least you should find out what the score is.

If it looks like you won't be able to pay your mortgage this month, then contact your mortgage provider as soon as possible too. The earlier they are aware of a potential problem, the quicker they can do something to try to help you. What they don't like is a borrower just not paying what they should, when they should without any explanation or previous contact.

More useful information can be found on the Citizens Advice self-help website www.adviceguide.org.uk or by calling the Citizens Advice Consumer Helpline (0845 4040506) or contacting your local CAB office.

CAB_Malvern_Hills_representative · 30 August 2012 at 5:42PM

captainpie wrote: »

Hi,

i was hoping for some advice?

It would seem that the employers I left at the end of last month are withholding my pay. From what I can gather this is illegal.

I am expecting them to pay me around 4 days wages along with outstanding holiday that I accrued totaling another four days along with £600 of unpaid expenses. This is the difference between me paying my mortgage this month and not.

I have emailed them and asked why they did not pay me on the contracted date which passed on Friday just gone but have received no reply.

What are my option?

Any help would be greatly appreciated.

Thanks in advance

HI

Assuming that this doesn't turn out to be a simple oversite you need to put your request for the outstanding sum in writing and break down what you feel is owed. If it isn't forthcoming and your calculations are correct then it is likely that you have a case for unauthorised deduction of wages which would need to be submitted to an Employment tribunal within the time limit.

Your local CAB could potentially advise you on this. Follow the link below for more information. This takes you to the CAB factsheet : Employer withholds your pay

CAB_Malvern_Hills_representative · 30 August 2012 at 5:43PM

CAB_Malvern_Hills_representative wrote: »

HI

Assuming that this doesn't turn out to be a simple oversite you need to put your request for the outstanding sum in writing and break down what you feel is owed. If it isn't forthcoming and your calculations are correct then it is likely that you have a case for unauthorised deduction of wages which would need to be submitted to an Employment tribunal within the time limit.

Your local CAB could potentially advise you on this. Follow the link below for more information. This takes you to the CAB factsheet : Employer withholds your pay

Sorry missed link :http://www.adviceguide.org.uk/england/work_e/work_factsheets.htm

Ex Employer Withholding Pay

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