Can they do this?

DMWG81

Hi there, I had a previous thread where I was made redundAnt. I received my p45, final wageslip and a cheque for my final wage. I paid the cheque into my bank and waited the 5 days for it to clear, but to my surprise when I checked the cheque had been posted to me and the payment stopped by my previous employer. I am gobsmacked about this situation as I thought it was illegAl doing that!?..

Can someone please advise me?
I have contacted acas and am awaiting their response.

Thanks

floss2

Have you been in touch with your previous employer and asked why the payment was stopped?

DMWG81

floss2 wrote: »

Have you been in touch with your previous employer and asked why the payment was stopped?

Yes, they won't tell me. They keep palming me off. Do you know of any reasons where an employer CAN stop payment?

misssarahleigh

I would ring and say that if payment is not made within 7 days you will start filling out the forms for small claims court.

Anihilator

You need to find out why they have stopped payment. Phone and visit until they tell you.

DMWG81

Anihilator wrote: »

You need to find out why they have stopped payment. Phone and visit until they tell you.

Ok, I'll keep ringing

Uncertain

Anihilator wrote: »

You need to find out why they have stopped payment. Phone and visit until they tell you.

No, don't "phone or visit" WRITE to them so that you have evidence.

Also, (please double check this) I'm 99.9% sure it is a criminal offence to write a cheque with the intention of stopping it. In fact the circumstances in which you can legally stop a cheque are very limited indeed. Given the time scale they will struggle to say that it was written in good faith. You may be able to involve the police although they may try to fob you off and say it is a civil matter........

Mudd14

I would do as suggeste, write a letter requesting payment within 7 days, ensure it is sent recorded delivery.

I would state that failure to pay will result in a claim at Employment Tribunal for unpaid wages.

Anihilator

Uncertain wrote: »

No, don't "phone or visit" WRITE to them so that you have evidence.

Also, (please double check this) I'm 99.9% sure it is a criminal offence to write a cheque with the intention of stopping it. In fact the circumstances in which you can legally stop a cheque are very limited indeed. Given the time scale they will struggle to say that it was written in good faith. You may be able to involve the police although they may try to fob you off and say it is a civil matter........

It's far better to find out why they cancelled it then if necessary take further action in writing. There could be genuine reasons the cheques have been stopped.

As for the rest. The criminal offence would come under the intent of stopping the cheue. A lot of times it would be civil as opposed to criminal though. In this case I cant see any reason it would be criminal.