Old employer Withholding Pay

george_

Hey!

Just writing for a bit of advice. I left a job with fair notice recently. Everything went perfectly, sad to leave. Around 4 month prior to leaving, some company property went missing, with no evidence or witness to where that went, the situation was left with no resolution.

The day after leaving I was called into a meeting to state they're withholding my pay because they're holding me responsible for the loss of property. (again, no evidence etc) I contacted ACAS who have advised me due to me not having a contract and of course no evidence of what happened with the property, its unlawful for them to do so .

I've actually called the police too to advise them about this situation. After emailing the company to state they can't hold pay etc, I got a letter back from a random HR company who are apparently representing them. Stating that a certain amount will be deducted from my last wage and a to sign below for the funds to be released.

I haven't singed or done anything since that letter. Im here to ask for advice on exactly where I can go from here, and if anyone can shed any light on how they can actually do this.

If at the time, the suspected anyone particular, they should have contacted the police, but they didnt, they're being very sour about me leaving i think

thanks for your time!

patman99

The next communication with them should be a letter before action giving them 14 days to pay your final wages in FULL in order to avoid Court action.

That might make them think twice about deducting any money for the missing property.

I would like to see them trying to convince a Judge that you took the missing items. Without proof, the Judge would laugh their claim out of Court.
At the moment, they are trying to force you into signing a piece of paper giving them the right to deduct money you don't owe them for goods you didn't take. As long as you refuse to play their game, you can maintain control of the situation. Under no circumstances sign and return the form they sent you.

george_

Thanks for your reply! In the letter from the random HR company, they said it will be a police matter if i don't sign it etc. I mean cmon, what can the police actually do with no evidence? They even copied and pasted the 'right to deduct' clause from a contract that doesn't even exist. haha.

All i want to do now is just get paid my wage that I'm owed, the letter I sent requesting to paid hasn't been acknowledged, the pay day was yesterday. So now I'm struggling for a next step, apart from waiting for ACAS to get back to with about the early conciliation.

macman

I'd insist that they do involve the police. Who, 4 months after the event, will find no evidence to support your prosecution. That can only help your civil claim. Nothing much else you can do to get your final paycheck in the meantime, so I'd issue an LBA to them on Monday (to the employer, not the joke HR subcontractor).

stevemLS

There is nothing to prevent outsourcing of HR.

It may well be more effective to write your LBA to the HR company, the employer will only pass it on in any event, delaying matters.

vegasvisitor

Hopefully ACAS will be helpful, but it might take a while so hopefully you're not in a huge hurry for the money. What proportion of your final pay are they intending to give you? Regardless if it's only a small amount they are trying to deduct, don't sign the agreement - as you'd be admitting you stole which really isn't a good idea. If you are certain they have no hard evidence (and it sounds like you are saying you didn't do it), then sit it out and wait on ACAS. Should be a 30 day period for them to respond.

Hope you get it sorted, what a horrible situation.

patman99

The LBA needs to go to the former employer as it is them who owe the money, not the HR company.

As for a clause in a contract, they will have a hard job to get that to stick barring in mind you never signed a contract in the first place.

English contract Law is quite complex, but it is based on the principle that a contract can only exist between 2 people if that contract is actually signed. No signature, no valid contract. In fact, as they have not asked you at any time during your employment with htem to sign a contract, then the only contract that would cover you is the standard contract of employment as set out by HM Govt.

You have the ability to finish them off. Just stick to the plan of sending a LBA and if they don't pay, starting a Small Claims Court claim against them.

stevemLS

patman99 wrote: »

The LBA needs to go to the former employer as it is them who owe the money, not the HR company.

As for a clause in a contract, they will have a hard job to get that to stick barring in mind you never signed a contract in the first place.

English contract Law is quite complex, but it is based on the principle that a contract can only exist between 2 people if that contract is actually signed. No signature, no valid contract. In fact, as they have not asked you at any time during your employment with htem to sign a contract, then the only contract that would cover you is the standard contract of employment as set out by HM Govt.

You have the ability to finish them off. Just stick to the plan of sending a LBA and if they don't pay, starting a Small Claims Court claim against them.

I have no idea what you are talking about.

The HR company are plainly acting as the employers agent and are authorised to act for them.

A contract can be written, oral or created by action. It does not have to be reduced to writing.

There is no such thing as a contract of employment defined by HM Govt.

Ability to "finish them off" - what on earth do you mean?

Takeaway_Addict

patman99 wrote: »

The LBA needs to go to the former employer as it is them who owe the money, not the HR company.

As for a clause in a contract, they will have a hard job to get that to stick barring in mind you never signed a contract in the first place.

English contract Law is quite complex, but it is based on the principle that a contract can only exist between 2 people if that contract is actually signed. No signature, no valid contract. In fact, as they have not asked you at any time during your employment with htem to sign a contract, then the only contract that would cover you is the standard contract of employment as set out by HM Govt.

You have the ability to finish them off. Just stick to the plan of sending a LBA and if they don't pay, starting a Small Claims Court claim against them.

This I believe is not correct, you can have a verbal contract that is just as binding for example.

slenderkitten

go to citizens advice and see what help they can assist yyou with but do not sit on your hands do something about this.