Need help with work issues

Remlapeel

Ok to go all the way back to the begining.....Basically I have worked for Specsavers for the last 3 years and started a university degree at the start of this year. ( I have signed contracts to say they can take my last paypacket and I will pay back the course fees for that year est £3000) Problem is at the start of the year I was living at home and them taking my pay wouldnt have made a lot of difference, but now I live with my girlfriend in a flat and have all household bills etc. To cut this part of the story short, I went to the C.A.B and they said I can offer a payment plan to pay off the money, they refused the payment plan and are taking my pay to cover part of the fees. Thats the first problem.

Second problem, my girlfriend also works at Specsavers and handed in her notice as she has a new job ( no money owed ) she has to work until the 1st November ( technically the 5th November but owed holiday ) and Specsavers normally pay on the 28th of each month paying one week in advance (to the 5th of each month) Today my girlfriend gets a phone call from our boss saying that she wouldn't be getting paid on the 28th but she would be getting a cheque sent out to her after she had completed her last day which means a check will be sent on the 5th November to us, which will take 2-3 days to get to us, then we will have to bank it, another 5-7 day. Anyone know if that legal?

So basically we were paid last on the 28th September and are expected to go without pay until around 15th November!!!

Anyone know if holding onto my girlfriends pay like that is legal??

Also they want me to pay them £200 a month to pay back my course fees even though I'm not being paid, obviously not possible. They are being very unreasonable about the fees,, so it will probably go to court about it, even though I have explained to them my financial situation and the problems they are putting me in, but they will not budge. Will this look bad that I can't pay or will it look back on them for being unreasonable.

Good Fun Huh.......

I have the letters I have sent them, so if anyone wants to see them let me know


Cheers

Mimi_Arc_en_ciel

ok in regards to you gf's pay, yes they can pay her by cheque and it is legal. However, im not sure if theres a way round getting out of paying back the course fee's that you owe. What does it say in the contract. Did you have to be working there so long before they wipe these off? Im my work role, I am getting qualications in payroll and as long as i dont leave within the first year i dont have to repay them. I think if it goes to court it will side with specsavers and you will have to pay court fees so you will want to sort this out before it gets to that stage although the court will only make you pay an amount you can afford so instead of say £200 a month it will be reduced to say £50 a month. Are you not currently working now then?

Remlapeel

Yeah I am currently working, changed companies. I have no problems paying it back they are just being unrealistic on what I can pay.

Also with my girlfriends pay, are they allowed to pay her almost 2 weeks late??
Normally she gets paid on the 28th and by the time they send the cheque and it clears it will be nearly the 15th.

SpoonyOh

The way they see it, they're sending out payment on time to their schedule. They don't care that it has to clear at your end. It sucks but there's little you can about that.

Remlapeel

If they gave us the cheque on time we wouldn't have a problem, but they are giving us the cheque a week after she is ment to get paid.

SandC

As they pay one week in advance then they are quite within their rights to withhold payment until they are doing. They can do this by cheque if they wish. They obviously don't wish to pay someone in advance when they are leaving - just in case they go off sick or something - they are not withholding payment in any way with regards to clearing. Can your girlfriend collect the cheque from the store? That would decrease the postage time.

So far as your college fees go, well your personal situation isn't really their concern. While £200 per month is a lot to you how things stand at the moment, it does mean that it will take them over a year to get the money back they have loaned you - and no interest paid. I think you may be well advised to pay up as planned and use it to your benefit. When the time comes when you have paid it off you will be used to having that outgoing each month and will either be able to carry on, using it as savings (where you wouldn't have bothered before) or feel flush each month.

Any

Hi Remplapeel,
I am sorry but I cannot see how are you going to fight you education fees that are being taken out of the wages. I don't understand why did you sign a claw back contract and let them pay your fees if you were going to leave. These contracts are in place for reason, no company wants to pay for your qualifications for you to use them elsewhere or to loan you interest free money if they pay it, you leave and offer them long pay back plan (which is how it could be looked at).
I am also on one of those contracts, however I did not sign it up with my old employer as I knew they would make my life a hell and never give me payrise in accordance with my qualifications so I left and then took up the contract with my new employer.
I am sorry if this is not what you wanted to hear, but we learn by mistakes:-)
Maybe next time think ahead and post question here asking about other people experiences with claw back contracts and leaving employer early and then you can learn from their mistakes.

Remlapeel

I signed my contract over a year ago and had no problems with the company then, only really over the last 2-3 months. So I started looking for a new job and found one that pays better with a lot more benefits. I have spoken to the C.A.B today and they have told me to send them a copy of my finincial statement showing that I cannot pay that amount of money. Then if it goes to small claims court the judge will also see that I cannot pay what I don't have.

Regarding my girlfriend they seem to think that because she has been getting paid on this day for the last 3 years then it is part of your statuatory rights as an employee to continue to get paid on that day regardless of circumstances unless agreed in writing by both parties. So she is speaking to her employer today and asking them to pay up.

Cheers for all your help guys

Any

Remlapeel wrote: »

Regarding my girlfriend they seem to think that because she has been getting paid on this day for the last 3 years then it is part of your statuatory rights as an employee to continue to get paid on that day regardless of circumstances unless agreed in writing by both parties. So she is speaking to her employer today and asking them to pay up.

Cheers for all your help guys

I think this is actually correct, when my company changed the date everyone is going to get paid, they sent out letter 3 months in advance advising this so everyone can change their DDs and everything and who had a problem with it the company accomodated by paying on the original date for extra month.
We usually pay on the last day of the month, so would she work for us she would get paid up to the end of month on the last day with everyone else and then the 5 days from November on the end of November... They might not want to pay in advance, but they cannot leave with with NO money for her work for that lenght of time I don't think.
By the way congratulations on your new job, sounds you are happy where you are now.

Remlapeel

Very much so, its a very good job and I go home at night happy not stressed out!!!

Cheers for you help. I think she is popping in the CAB in her afternoon break. She did quickly speak to the Director and she said we can do it we can pay you whenever we want,anyway Lee should have told you about it ( I used to be my girlfriends Boss )even though I dont work for them any more!! They also said that I was taking the !!!! and I'm going to get a rude awakening.....The way I see it, they are trying their luck with my girlfriends pay and I can't pay money that I don't have ....it doesnt grow on trees and all that.