Late pay and illegal deductions

el_marko

Hi, I work for a small company of 4-5 employees. We are often paid late and this time we were paid only some of wages two days late with the promise of being paid "tomorrow" when a client pays the company. It's now two weeks late and I've supported myself as long as I can but I now can't afford to go to work until I'm paid.

This has happened before and I missed a day off work, as did all the other employees. When I returned to work the next day the boss told me he would have to deduct a day's pay from me. I told him I didn't think that was fair and I hoped it would be the same for everyone to which he said it would. However he didn't even question the other employees who are more senior on their absence. In the end end he never deducted any pay from me.

But I would like to know if he is allowed to deduct pay from me if I have to take a day off work because I can't afford to go to work until he pays up?

Thanks.

Ps. In my first two months of employment he was making deductions from my wages that were supposedly for tax and ni. When I finally managed to get a pay slip for the third month I figured out that those deductions from the first two months were unofficial and went straight in his pocket. I made him pay that money back to me and said I would sort out my own tax return for those months as I had to do it for previous freelance jobs anyway. Does this blatant breach of contract (and probably the law?) on his behalf give me the right to break my contract and leave without giving him 30 days notice when I get a new job?

Thanks again.

hcb42

I think I would just leave and take the consequences, an employer that doesnt pay you properly and makes illegal deductions is not a good place to be

el_marko

Yes I agree, it's definitely not a good place to be. My concern with leaving without serving 30 days notice is that he wouldn't pay all of my final payment due to me breaking the contract. If I was within my rights to break it then I could claim the money back from him though.

DandelionPatrol

el_marko wrote: »

Yes I agree, it's definitely not a good place to be. My concern with leaving without serving 30 days notice is that he wouldn't pay all of my final payment due to me breaking the contract. If I was within my rights to break it then I could claim the money back from him though.

You have no right to leave without proper notice, but if you do, you have a right to pay for when you did work and for accrued holiday pay. You may need to go to court to enforce this. Equally, your employer may have rights against you for the extra cost of other labour for the duration of your notice.

I suggest you write a letter to your employer, briefly setting out the consequences of not paying - that you cannot afford to live and that you may need to take on other work at short notice and that you are reducing your notice period to 1 week. It may make things a bit difficult with the employer, but if he takes you to court for having to bring in labour at short notice, a court will not be happy to be ordering that you pay his losses when he has not paid you, and a letter like this could be enough for them to hang a ruling in your favour onto.

getmore4less

If you don't turn up to work they don't have to pay you.

Use holiday if you want paying.

pmlindyloo

You are quite right that your employer is acting incorrectly.

Have a read of this to see your options.

https://www.citizensadvice.org.uk/work/rights-at-work/rights-to-pay/

Scroll to the bottom and click on 'Employer withholds pay'.

The problem is that although you have 'rights' most of these cost money and involve a lot of hassle.

If you all take action (written grievance for example) it may have some effect. However, it does sound as if the company is not in a good place as regards cash flow or the owner has no idea how to run a business!

I have to agree that finding a new job is your priority. As regards the notice I am sure you could come to some agreement with your employer about leaving early with a 'gentle' reference to how he has broken his contract with you.