Withholding pay...

catieeb06

Hi there,

Just a quick question really. I know someone who just started working for a firm, they with hold 40 hours pay in the first week, they then pay this if you leave the company but not if you are dismissed. Obviously you've worked it so should be entitled to it being paid whether you leave of your own accord or theirs. Is that right or is my understanding a bit skewed?

Many Thanks.

SarEl

Working a week in hand is very common and this is fine. But they cannot withhold the money even if you are dismissed - you have worked for it and in law they have to pay it.

Vader123

Its quite common to work a week "in arrears".

However to have wages held back after you leave, even if its for gross dismissal is questionable. In these circs you should be paid up to your leaving date.

Is your friend happy in their role?

Vader

catieeb06

My work pays me a week in arrears so I was aware of that, just wanted to know if it was legal what they would do. He hasn't been dismissed nor is he planning to be.

Is there any legislation or anything to back up your comments?

Thanks

Hammyman

Working "a week in hand" has been the most common form of pay since time in memorial. Every job I've ever had which has been weekly pay has been week in hand - even the YTS scheme I was on as a lad.

Basically its to do with the fact that its quite a hard task to get someones hours on a Friday teatime and get all the wages done that same afternoon.

emilyteach1

catieeb06 wrote: »

Is there any legislation or anything to back up your comments?

I don't know of any specifically to point to, but there almost certainly will be.

I'm not saying it doesn't ever happen, but for an employer to withold honest pay for honest work completely defies all logic and common sense.

Even if I turned up at work and told the boss to stick his job where the sun don't shine, I'd expect to receive pay for the time I'd attended

I guess your friend's employer may use this tactic just to try it on? Some people might believe that it's OK, and accept the decision as final, saving a dodgy employer a couple of hundred quid!

SarEl

catieeb06 wrote: »

My work pays me a week in arrears so I was aware of that, just wanted to know if it was legal what they would do. He hasn't been dismissed nor is he planning to be.

Is there any legislation or anything to back up your comments?

Thanks

Yes, quite a bit of it - but until it happened nobody could tell you exactly which bit applied. But it's fairly basic stuff as law goes, and if it happened (which as you say - shouldn't be happening) the CAB could get you through a claim very easily, and it wouldn be a stupid employer who let it run and didn't pay up immediately. Employers only get away with saying things like this if people believe them!

catieeb06

Yeah, I thought they might be trying it on. Just wanted to double check.

Thanks guys.

Oh and he works in security if that has any bearing on it?

SarEl

catieeb06 wrote: »

Yeah, I thought they might be trying it on. Just wanted to double check.

Thanks guys.

Oh and he works in security if that has any bearing on it?

No it doesn't. The only thing that matters is that he is an employee - these are employment rights.