Wages being withheld, is it allowed?

jay86_2

Hi there i'm looking for a bit of advice for my partner. I've looked on the ACAS website but I couldn't seem to find anything specific about it, so I hope you don't mind me asking you guys on here.

Basically she started working for a new company 5 weeks ago, and they are witholding all her wages due to the I.D she provided them with. She gave references from her last employer, NI number, driving licence (she doesn't have a passport) and her birth certificate. However as her birth certificate isn't a longer version with the parent's names on, they're not accepting it. Are they allowed to do this? My birth certificate is exactly the same as hers and i've not had any problems with it. Infact I purchased a passport a few years back using it, and I know others that don't own the longer birth certificates either. I've searched through her contract and there is nothing that states they will do this, all it says is that they will withhold overpaid holiday etc if you leave etc.

She's been told her only option is to purchase a new one, however with no money I don't understand how they can expect her to do this. We currently live in Nottingham but she was born on Isle of Wight so it could be weeks before she gets it.

Any advice would be greatly appreciated! She's never had a problem with this before when starting a new job, and I just don't understand why a birth certificate is the only thing that would suffice, considering it's rarely considered a form of I.D any more?

Thanks

concerned43

Outrageous! never heard of this before...she has already provided more than enough ID, I suggest she get onto HR tomorrow and tell them she finds the situation unacceptable and that she requires her salary to be paid immediately as per her contract.
Is this a large company?

jonesMUFCforever

A birth crtificate is not a valid piece of ID anyway for an adult.
I suspect a Halloween troll here.

jay86_2

Thanks for your reply, glad i'm not the only one who finds it very perculiar. It's the Park Plaza hotel here. She will try again with them tomorrow, but she says she feels like she's fighting a losing battle. She's been told that they have to photocopy and fax her ID (to head office? Wage dept?) and they seem to use it as a 'don't shoot the messenger' situation.

duckmaster

Firstly they shouldn't have employed her without her proving she has a right to work in the UK (this is a requirement under the Asylum and Immigration Act 1995). Some companies are quite lax on this but "forgetting" to do it until payday and then withholding wages is completely unacceptable.

You are required to show a passport or full birth certificate (showing details of at least one of your parents) if you're a UK citizen, or a letter from the Home Office or Immigration people if you're a foreigner.

You can get a birth certificate in 24 hours from http://www.gro.gov.uk/gro/content/certificates/faqs-birth-death-marr.asp for £23.40, or their standard service (don't know how long that takes) for £9.40.

That will be enough.


Having said that, the company has already broken the law by employing a person they don't know has a right to work in the UK - plenty of companies do this every day but that doesn't change the fact it's illegal - so maybe if she points this out to HR and suggests she won't report them if she gets her money immediately, they might change their tune!

concerned43

duckmaster wrote: »

Firstly they shouldn't have employed her without her proving she has a right to work in the UK (this is a requirement under the Asylum and Immigration Act 1995). Some companies are quite lax on this but "forgetting" to do it until payday and then withholding wages is completely unacceptable.

You are required to show a passport or full birth certificate (showing details of at least one of your parents) if you're a UK citizen, or a letter from the Home Office or Immigration people if you're a foreigner.

You can get a birth certificate in 24 hours from http://www.gro.gov.uk/gro/content/certificates/faqs-birth-death-marr.asp for £23.40, or their standard service (don't know how long that takes) for £9.40.

That will be enough.


Having said that, the company has already broken the law by employing a person they don't know has a right to work in the UK - plenty of companies do this every day but that doesn't change the fact it's illegal - so maybe if she points this out to HR and suggests she won't report them if she gets her money immediately, they might change their tune!

She has given them her driving license and NI number (which people who have a right to work have)!
I would get on to head office in the morning and complain like hell!

anamenottaken

concerned43 wrote: »

She has given them her driving license and NI number (which people who have a right to work have)!
I would get on to head office in the morning and complain like hell!

An NI number does not prove right to work in the UK. But an official document quoting the NI number can be used for ID.

duckmaster

concerned43 wrote: »

She has given them her driving license and NI number (which people who have a right to work have)!
I would get on to head office in the morning and complain like hell!

Both of these can be obtained by an Australian on a temporary two year visa and kept after the visa expires, so they aren't.

jay86_2

Thanks that's alot of useful info there. Still seems strange that I was able to apply for my first adult passport using the shorter birth certificate though! So would you recommend taking it up with HR first and if that fails to apply for a full birth certificate? Also, she should be getting paid fortnightly, so after providing the birth certificate can she request her wages to be paid asap, or will she have to wait till the next payday? Thanks again!

SarEl

duckmaster wrote: »

Home Office or Immigration people if you're a foreigner.

You can get a birth certificate in 24 hours from http://www.gro.gov.uk/gro/content/certificates/faqs-birth-death-marr.asp for £23.40, or their standard service (don't know how long that takes) for £9.40. The standard service takes about three weeks, so don't skimp on the costs

That will be enough.


Having said that, the company has already broken the law by employing a person they don't know has a right to work in the UK - plenty of companies do this every day but that doesn't change the fact it's illegal - so maybe if she points this out to HR and suggests she won't report them if she gets her money immediately, they might change their tune! despite sympathising with her plight I wouldn't recommend this. Although employers can be fined for not doing proper checks, they usually get off with a severe talking to on a first occasion - she on the other hand will get sacked!

Despite this coming up more and more often there are still a lot of people out there who do not know that they need a range of essential documents these days to get a job. The ID cards debate may be passe now, but essentially everyone has to now prove their right to work in Britain, and short birth certificates, driving licences and NI numbers simply don't cut it any more.

duckmaster

jay86 wrote: »

Thanks that's alot of useful info there. Still seems strange that I was able to apply for my first adult passport using the shorter birth certificate though! So would you recommend taking it up with HR first and if that fails to apply for a full birth certificate? Also, she should be getting paid fortnightly, so after providing the birth certificate can she request her wages to be paid asap, or will she have to wait till the next payday? Thanks again!

The short birth certificate would have been checked against some scary database to verify that it is valid. Businesses don't have access to this, they just see the document.

Her employer may use an external payroll company to pay wages and they probably won't pay her electronically until payday comes around. At the very least though the employer should have a facility to give a cash advance for part payment of wages.