Work haven't paid me because they've not received references.

Undervalued

john22 wrote: »

Erm yes you should ask for a reason in writing and send the letter by recorded delivery. Whether the company give you one or not is not the point. What's is important is that you start a paper trail and show that your doing things properly by given the company the chance to engage in proper discussion.

No, you should be asking for what you are entitled to (i.e pay) and have a paper trail to back that up.

Recorded delivery is unnecessary as long as you have proof of posting. In a civil case the normal assumption is that correctly addressed mail is delivered.

stator

Undervalued wrote: »

Obviously the OP has a right to be paid and, if necessary, it would be a fairly simple County Court action to enforce that.

However, they have no security of employment so they need to think carefully how best to proceed, assuming they think the matter can be resolved and they want to continue working there.

The is no specific right to "a written explanation as to why you haven't been paid" so there is little to be gained by demanding one.

If the employers intentions are not good, as opposed to this being just an administrative blunder, then making demands you can't back up simply risks the employer digging their heels in for as long as possible.

I certainly didn't suggest making any threats of court action or writing a letter before action.
There's no reason an employee can't write a letter to their employer.

Undervalued

stator wrote: »

I certainly didn't suggest making any threats of court action or writing a letter before action.
There's no reason an employee can't write a letter to their employer.

Of course.

However, with less than two years service there is no reason the OP can't be dismissed simply by being given a week's notice.

So, as I said, he needs to take care before rattling the cage. Obviously he is entitled to be paid for the work done, reference or no reference. However it is important to see whether the employer is "dodgy" or simply making an administrative mess up before deciding how best to proceed.

jbond

Undervalued wrote: »

However, with less than two years service there is no reason the OP can't be dismissed simply by being given a week's notice.

I was under the impression, that if less than 2 years, then an employer doesn't even need to give a weeks notice, can just get rid, simple as?

Undervalued

jbond wrote: »

I was under the impression, that if less than 2 years, then an employer doesn't even need to give a weeks notice, can just get rid, simple as?

No.

In the absence of a contractual agreement for more you are entitled to a week's statutory notice after you have been employed for a month or more. Two year's and more you are entitled to a week for each full year of employment up to a maximum of twelve.

The only exception would be for cases of gross misconduct when you can be dismissed without notice regardless of length of service.

Geoff1963

Can the OP get clarification of :
a) When the references arrive, how soon will they get paid ?
b) If the references are still outstanding in 1 / 2 / 3 months, would salary still be withheld ?
c) If the promised reference fails ( e.g. a fatal car crash ) would the OP be given a chance to get another one sorted ? Should they be offered that option now ?

If the company says they can't pay a salary until the references are sorted, but whatever happens, the OP will definitely get the money eventually ; I'd be asking for an "advance", based on the absolute certainty of eventually receiving the money. Perhaps one of the managers would be happy to personally lend the OP some money, on the strength of this promise which they've made. Working on "a casual basis", suggests only a few hours, on relatively low pay ; so the manager might have that much in their wallet.

lisa46_2

Speaking as a payroller, it sounds to me like this might be an unlawful deduction from wages - in this case, the full amount has been deducted.

As previously suggested, you need to check your contract. This should say when you will normally be paid, even if it is a very basic contract. If it doesn't, ask some of your colleagues when they get paid and whether they had to work a month 'in hand' or are paid in arrears or in advance. If it's not specified in your contract then you can expect the same as everyone else.

If your employer is not satisfied with your references (including non-receipt as not all companies will give one) they should be asking you for an alternative, not waiting for you to suggest it. At the end of the day, they can probably (again, it depends on the wording in any offer letter and/or contract) fire you, but they will still have to pay you for the time you have worked under the contract. There is no excuse for delay.

Exactly how you handle it is ultimately up to you, but mentioning the words 'unlawful deduction from wages' can work wonders - it will at least make sure the payroll team thinks carefully about the situation!

Most of all, bear in mind that most (by my experience) payroll teams are over-worked, and it's quite likely they have taken the reason given to them (probably by HR/Personnel, who deal with contracts, references, etc) at face value without having time to consider the full consequences. Generally, a second call is all it takes.

Good luck!