Employer won't pay last weeks wages

Kieron26

Hello,

I started some part time work as delivery pizza driver and was only doing 15 hours a week.

Due to family circumstances a social worker advised me to stop work immediatly to remain at home to stay at home with my daughter as they were concerned about my partners mental health status.

So I called them on the day which was 20th March and advised them of this as JSA deduct my wages from our JSA payment all but the first £5 so I was working 15 hours for £5 in reality but it felt good being back at work.

With me staying at home and having to spend £30 on fuel to get to my mothers house for her to look after my daughter we were quite badly worse off. working 5 nights for 3 hours at a time so thats 10 30 mintues journeys to drop her off and collect her.

Now since this has happened I went into the pizza place today to collect my wages as they are paid cash out of the till once he has received the hours back from the accountant. The manager was not there and they gave me his telephone number and I called him and he said to me its company policy that if the two weeks notice is broken then we may not pay you it.

Now we are on Joint JSA with a very young child and JSA will obviously still deduct this from our money we receive as its classed as hours I have worked.

But can they do this, I was working there from 24th Feb 2011 to 20 March 2011, so under 4 weeks (I think that is, maybe I can be corrected)

Can they keep this £91 that they owe me?

The manager also had previously offered me to work more than my 15 hours (undeclared) but at a lower cash in hand rate of £5 an hour which im sure is illegal. I immediatly refused this . . .

LadyMissA

What does it say in your contract about notice periods?

marybelle01

It doesn't matter what it says about notice periods in your contract, the answer is that no they cannot refuse to pay you wages that they owe you. They might be able to countersue you for not giving notice, but that is different and I doubt they would as it does happen but not often. Send them a letter expaining what they owe you and that you require payment within 14 days or you will take them to a tribunal for unlawful deduction of wages and they will probably pay up. But if they don't you will have to make a tribunal claim.

Notmyrealname

They have to pay you the wages. However they are entitled to sue you because you didn't work your notice period.

So you could take them to tribunal for the wages and they could counter sue you for breach of contract.

Kieron26

Hi All,

I obtained a letter from the Social Worker involved stating I had to leave immediatly due to them recommending I need to be the prime carer of my daughter.

They paid me today, :-)

McKneff

Thanks for the update Kieron, glad it all worked out for you.

Hope your partner gets all the help she needs, give her lots of hugs,
sounds like it might help a little.
x
Annie