IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
Employer Withholding Wages
Closed Thread
Views: 2,435
Thread Tools Search this Thread Display Modes
# 1
Spyke
Old 26-05-2009, 12:34 PM
MoneySaving Newbie
 
Join Date: May 2009
Location: Hulme, Manchester
Posts: 6
Exclamation Employer Withholding Wages

I handed my 2 weeks notice in on the 12th of this month.

Went in for my normal shift on the saturday night (16th) and was sent home 3 hours later.

Went in to collect my wages the week after and was told that I wasn't getting them because I was sacked on the 16th. (bearing in mind I handed in my 2 weeks notice on the 12th)

I am in the process of writing a grievance letter, but really not sure on how to word it.

Any help would be much appreciated.

Last edited by Spyke; 26-05-2009 at 1:05 PM.
Spyke is offline
Report Post
# 2
Any
Old 26-05-2009, 12:46 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Aug 2008
Location: Manchester
Posts: 7,436
Default

You were collecting wages for what period??
From what you wrote I don't understand what the issue is...
Any is offline
Report Post
# 3
Spyke
Old 26-05-2009, 1:04 PM
MoneySaving Newbie
 
Join Date: May 2009
Location: Hulme, Manchester
Posts: 6
Default

I'm collecting the wages for the 3 hours worked on the 16th of May
Spyke is offline
Report Post
# 4
robpw2
Old 26-05-2009, 1:06 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Jan 2008
Location: derby
Posts: 12,425
Send a message via MSN to robpw2 Send a message via Yahoo to robpw2
Default

why did they sack you ..did they give you notice .. check your contract


Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
robpw2 is offline
Report Post
# 5
Pee
Old 26-05-2009, 1:08 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: May 2008
Posts: 3,767
Default

Have you worked for them for a year? Try ACAS, I find them very helpful.
Pee is offline
Report Post
# 6
Spyke
Old 26-05-2009, 1:11 PM
MoneySaving Newbie
 
Join Date: May 2009
Location: Hulme, Manchester
Posts: 6
Default

It was a casual bar job, no previous warnings, verbal or written.
There was no reason given for me to be sacked, just told to get my coat and go home.
Only been there a few months, but handed my notice in as I got offered a full time job elsewhere.
Spyke is offline
Report Post
# 7
Scaredy Cat
Old 26-05-2009, 1:15 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Feb 2007
Posts: 2,725
Default

I don't see how they can legally sack you if you had already handed your notice in (a few days earlier).

When they sent you home on 16th, what reason did they give? Were you told at that time that you were being sacked, or just told there wasn't enough work?
Scaredy Cat is online now
Report Post
# 8
Spyke
Old 26-05-2009, 1:19 PM
MoneySaving Newbie
 
Join Date: May 2009
Location: Hulme, Manchester
Posts: 6
Default

On the 16th, while flatpacking some empty boxes to go in the bin, the Manager came over and simply told me to get my coat and go home.

When I went in for my wages the week after (23rd) I was told then that I had been sacked on the 16th and would not be paid.
Spyke is offline
Report Post
# 9
Any
Old 26-05-2009, 1:22 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Aug 2008
Location: Manchester
Posts: 7,436
Default

So they let you work for 3 hours and then sack you?
If they didn't want to pay you then they should send you home on the arrival.
You worked for 3 hours and therefore they have to pay you for 3 hours.
Any is offline
Report Post
# 10
Spyke
Old 26-05-2009, 1:33 PM
MoneySaving Newbie
 
Join Date: May 2009
Location: Hulme, Manchester
Posts: 6
Default

Thats what I thought, I am in the process of writing a grievance letter, but dont know how to word it at all.
Spyke is offline
Report Post
# 11
needaspirin
Old 26-05-2009, 1:35 PM
Serious MoneySaving Fan
 
Join Date: Sep 2006
Location: North East
Posts: 1,078
Default

If you have worked for your employer for more than one month you are entitled to statutory 1 weeks notice or pay in lieu. If the contract says 2 weeks, that is what you get.

You should also get paid for the 3 hours worked.

You are also entitled to accrued holiday pay.

Withholding any of the above is unlawful.
needaspirin is offline
Report Post
The Following User Says Thank You to needaspirin For This Useful Post: Show me >>
# 12
Mudd14
Old 26-05-2009, 10:03 PM
Serious MoneySaving Fan
 
Join Date: Oct 2008
Posts: 842
Default

Employers like this drive me insane, as a HR Manager I treat employees properly, well I like to think so!

I would say something like.....

I am writing to you to raise a formal grievance, as I have now left my employment I would like to use the modified grievance procedure.

Explain what happened, ie you gave notice, came into work, told to go home, told you have been sacked.

Due to the above mentioned points my grievance is in relation to unfair dismissal, unlawful deduction of wages, failure to give sufficient notice, failure to pay accrued holiday. As this issues are of a serious nature I would appreciate your prompt reply. Under the statutory grievance guildines I look to meet with you to discuss my grievance.

Should I not hear from you I may be forced to seek further legal advice.

It may be worth giving them the option to settle the outstanding issue. ie work out how much notice you are entitled to, holiday pay, 3 hours you worked and ask to send you on this money. I would even ask them for an extra 250 at least to drop the issue of unfair dismissal. Or though this may be used after you have met with them or the 28 days is up!
Mudd14 is offline
Report Post
The Following 2 Users Say Thank You to Mudd14 For This Useful Post: Show me >>
# 13
needaspirin
Old 27-05-2009, 1:21 PM
Serious MoneySaving Fan
 
Join Date: Sep 2006
Location: North East
Posts: 1,078
Default

Unfortunately unfair dismissal cannot be claimed unless the employee has worked for 1 year or has been dismissed for asking for statutory rights, or for discriminatory reasons. This is not the case here but the poster should still write a grievance letter based on the above example. If there is no satisfactory response within 28 days he/she can contact ACAS (08457 47 47 47) who, under the new rules will mediate, and refer to a Tribunal if necessary.
needaspirin is offline
Report Post
# 14
Mudd14
Old 27-05-2009, 2:51 PM
Serious MoneySaving Fan
 
Join Date: Oct 2008
Posts: 842
Default

needaspirin, your right the OP cant claim unfair dismissal! Apologise.
Mudd14 is offline
Report Post
# 15
needaspirin
Old 27-05-2009, 4:15 PM
Serious MoneySaving Fan
 
Join Date: Sep 2006
Location: North East
Posts: 1,078
Default

Mudd14. Your post was very informative and helpful. I don't think you need to apologise!
needaspirin is offline
Report Post
Closed Thread

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT. The time now is 8:32 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 26 November 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.