Ex Employer Withholding Pay

worried617258

Hello, I hope you can help me. First post!

I was employed at a dental practice (part of a large chain) and left in September after only a couple of months.


My reason for leaving was that I was being bullied by a manager about my appearance - for example she often said that I shouldn't be with patients as I would put them off with my eczema and make them feel sick - this is only on my hands and I wore gloves! Any way, long story short, I didn't feel comfortable there any more and so left as I was offered another job.


I then received a letter from them saying that they were withholding my pay until I had returned my uniform to them. I washed and ironed the entire uniform and, together with my badge and keys, returned these to the practice - unfortunately this was on a Sunday and the practice was shut, so everything was posted through the letter box individually packaged, with a letter attached.

I have since written to them 3 times, and finally had a response, stating that they have no record of having anything back from me and will withhold my pay and p45 until I return them!

Obviously my predicament is that I can't prove that I returned them, although of course they got them. I want to write again but was wondering really where exactly I stand. It is only about £300 they owe me, not loads in the grand scheme of things, but money is tight and i worked very very hard for that money! Plus it's very irritating as I know they're trying to pull a fast one!

Any help very much appreciated, even if it isn't what I want to hear!

I feel so silly for not posting these by recorded delivery now!

Thanks very much in advance!

dag_2

Yeah, recorded delivery might have been better, but still not as good as actually handing them in in person and insisting that you get a receipt for it before handing them over. Still - hindsight is always a good thing.

I suppose you could offer to go over there and search their premises ...? How large are their premises? Is it realistically possible that they might have innocently lost your uniform? And besides, how much would it actually cost to replace the uniform anyway? To be honest, I'm a bit surprised that it wasn't custom-made to fit; if it was, your uniform would be useless to anyone else, and there wouldn't really be any point in them asking for it back from you.

I'm not sure what the rules are about withholding pay but I think you do have some rights, I'm sure someone else will post something more helpful soon.

worried617258

Hi, thanks for the reply - it's nice to hear that I should have some rights!

the uniform wasn't made to measure. just a standard uniform! I was only a nurse

I don't think they could have lost the uniform, seems very unlikely! it is a dental practice with 6 surgeries and a main office... and with the practice managers attitude towards me, i do suspect that she's just being nasty!

It's just so infuriating! I know I returned the uniform, I'm almost 100% positive that she knows it too, and yet I still can't have my money! I was working 12 hour shifts for that money, I'm determined to get it!

top_drawer_2

hi,

I've had a similar thing happen to me ... you have my sympathies.

Check your contract - does it mention returning the uniform?

Maybe fill in and send them them the small claims forms, I would also look into what rights you have re her comments as excema is a illness. I doubt a small claims court would rule against you as I think it would taken as trusted that you have no reason to lie re the uniform.

Jen

worried617258

Hi, thanks

I don;t actually have a contract...stupid i know.

Will this work against me?

top_drawer_2

lol no ....

more likely in your favour from what I gather on the employment forum ... as the terms and conditions are what is assumed to be acceptable and reasonable ...

I would get the forms and send them with a letter stating why also mentioning that as while your there you're going to mention the comments with a view of constructive dismissal?? or something ... could you get in touch with a solicitor/CAB/ACAS - anyone who will give you some advice? Its amazing what a well worded letter can do...

Jen

worried617258

is there a timeframe within which I need to take legal action? i think i read somewhere that it was 3 months, in which case I will need to get my skates on!

top_drawer_2

possibly ... i think you can download the forms and print them - definitely get it sorted asap.

Jen

worried617258

also,would this apply:
" If you haven't been paid at all, this counts as a deduction from your pay of all the pay due to you.
Your employer is not allowed to make a deduction from your pay unless:

• your contract says they can - and your employer has given you a written copy of the part of the contract which says so, or a written explanation of it, before making the deduction
• it is required or authorised by law, such as income tax, national insurance or student loan repayments

[FONT=&quot]you have agreed in writing to a deduction before the conduct takes place for which your employer proposes to make a deduction" (from https://www.desktoplawyer.co.uk)[/FONT]

top_drawer_2

this could help ...

http://www.employmenttribunals.gov.uk/

http://www.employmenttribunals.gov.uk/maintenance.htm

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/index.htm

worried617258

jen, thank you very much for your help!

any other ideas are welcome too!