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  • FIRST POST
    Spyke
    Employer Withholding Wages
    • #1
    • 26th May 09, 12:34 PM
    Employer Withholding Wages 26th May 09 at 12:34 PM
    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.
Page 1
    • Any
    • By Any 26th May 09, 12:46 PM
    • 7,472 Posts
    • 7,800 Thanks
    Any
    • #2
    • 26th May 09, 12:46 PM
    • #2
    • 26th May 09, 12:46 PM
    You were collecting wages for what period??
    From what you wrote I don't understand what the issue is...
  • Spyke
    • #3
    • 26th May 09, 1:04 PM
    • #3
    • 26th May 09, 1:04 PM
    I'm collecting the wages for the 3 hours worked on the 16th of May
  • robpw2
    • #4
    • 26th May 09, 1:06 PM
    • #4
    • 26th May 09, 1:06 PM
    why did they sack you ..did they give you notice .. check your contract


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  • Pee
    • #5
    • 26th May 09, 1:08 PM
    • #5
    • 26th May 09, 1:08 PM
    Have you worked for them for a year? Try ACAS, I find them very helpful.
  • Spyke
    • #6
    • 26th May 09, 1:11 PM
    • #6
    • 26th May 09, 1:11 PM
    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.
    • Scaredy Cat
    • By Scaredy Cat 26th May 09, 1:15 PM
    • 2,768 Posts
    • 2,410 Thanks
    Scaredy Cat
    • #7
    • 26th May 09, 1:15 PM
    • #7
    • 26th May 09, 1:15 PM
    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?
  • Spyke
    • #8
    • 26th May 09, 1:19 PM
    • #8
    • 26th May 09, 1:19 PM
    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.
    • Any
    • By Any 26th May 09, 1:22 PM
    • 7,472 Posts
    • 7,800 Thanks
    Any
    • #9
    • 26th May 09, 1:22 PM
    • #9
    • 26th May 09, 1:22 PM
    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.
  • Spyke
    Thats what I thought, I am in the process of writing a grievance letter, but dont know how to word it at all.
    • needaspirin
    • By needaspirin 26th May 09, 1:35 PM
    • 1,121 Posts
    • 1,642 Thanks
    needaspirin
    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.
    • Mudd14
    • By Mudd14 26th May 09, 10:03 PM
    • 848 Posts
    • 380 Thanks
    Mudd14
    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!
    • needaspirin
    • By needaspirin 27th May 09, 1:21 PM
    • 1,121 Posts
    • 1,642 Thanks
    needaspirin
    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.
    • Mudd14
    • By Mudd14 27th May 09, 2:51 PM
    • 848 Posts
    • 380 Thanks
    Mudd14
    needaspirin, your right the OP cant claim unfair dismissal! Apologise.
    • needaspirin
    • By needaspirin 27th May 09, 4:15 PM
    • 1,121 Posts
    • 1,642 Thanks
    needaspirin
    Mudd14. Your post was very informative and helpful. I don't think you need to apologise!
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