Deductions

Matt_uk

Hi everyone I'm new today so please be nice. I left my job after 2 weeks notice 10th of August 2018, the next payrun was due to pay me my final wages 24th August 2018. I received a cheque and P45 and. Good luck note, I put the cheque in the bank on the 25th August, the next Friday it was returned unpaid, and the day after I received the cheque back with a letter saying it was unpaid because it was unsigned. So I contacted my ex employer that day asking why and when I'll receive my wages only to be told I'd get a phonecall back which didn't happen. Called again the next week, only to be shouted at down the phone by the company owner and accused of sending in incorrect timesheets that don't tally with the clocking system. I obtained the clocking system information & I have copies of all timesheets and as far as I can see there are a few minutes here and there, which probably add up to an hour maximum at a reach. I told my old boss I am willing to pay anything back I owe but I need my money. After his company ignoring my emails (I refuse to speak to the boss since he shouted down the phone at me, so I said all contact via email so we both have records) they finally emailed back saying they'll pay me, minus any deductions on the next payrun which is September 21st 2018. I emailed back saying no that's not acceptable you have had plenty of time to work out what to pay me, you've even sent me a payslip and unsigned cheque and told HMRC that you've paid me. Since then the company has ignored all emails from me. And I found out through some digging, as I am no longer under contract, my ex employer isn't allowed to deduct wages from me, the process says he must pay me in full, show me what I owe, then we can talk about repayment, which I am happy to do. Still he ignores me. Am I right in what I've told him? And can he legally withold my money for another two weeks? Ive asked so many times and provided my bank details to the company and get nowhere. I've also spoken to someone else who was denied his final pay and charged £100 for a parking ticket when he doesn't even drive and apparently the company owner has been "done" for this before. Any help would be amazing. Sorry for the extra long post. Just needed to be accurate. Cheers.

Dazed_and_confused

Why did you try and bank an unsigned cheque?

Matt_uk

I didn't realise it was unsigned. Just took it to the bank assuming it was legit and put it in the machine.

[Deleted User]

I think you will have to trust them re the 21st September. Nothing much you can do once you physically don't work there any longer. My tip is do not retaliate, should send the first email/letter and leave it at that, don't rise to or argue to any replies.

Had issues getting paid last week of August which turned a week on (room of 6 as the entire company sort of set up) I'd left/departed so proving what I believed about payday became more of a challenge.

Your case will definately strengthen if non payment come the 21st, with the evidence you already have building, have faith.

Comms69

Matt_uk wrote: »

Hi everyone I'm new today so please be nice. I left my job after 2 weeks notice 10th of August 2018, the next payrun was due to pay me my final wages 24th August 2018. I received a cheque and P45 and. Good luck note, I put the cheque in the bank on the 25th August, the next Friday it was returned unpaid, and the day after I received the cheque back with a letter saying it was unpaid because it was unsigned. So I contacted my ex employer that day asking why and when I'll receive my wages only to be told I'd get a phonecall back which didn't happen. Called again the next week, only to be shouted at down the phone by the company owner and accused of sending in incorrect timesheets that don't tally with the clocking system. I obtained the clocking system information & I have copies of all timesheets and as far as I can see there are a few minutes here and there, which probably add up to an hour maximum at a reach. I told my old boss I am willing to pay anything back I owe but I need my money. After his company ignoring my emails (I refuse to speak to the boss since he shouted down the phone at me, so I said all contact via email so we both have records) they finally emailed back saying they'll pay me, minus any deductions on the next payrun which is September 21st 2018. I emailed back saying no that's not acceptable you have had plenty of time to work out what to pay me, you've even sent me a payslip and unsigned cheque and told HMRC that you've paid me. Since then the company has ignored all emails from me. And I found out through some digging, as I am no longer under contract, my ex employer isn't allowed to deduct wages from me, the process says he must pay me in full, show me what I owe, then we can talk about repayment, which I am happy to do. Still he ignores me. Am I right in what I've told him? And can he legally withold my money for another two weeks? Ive asked so many times and provided my bank details to the company and get nowhere. I've also spoken to someone else who was denied his final pay and charged £100 for a parking ticket when he doesn't even drive and apparently the company owner has been "done" for this before. Any help would be amazing. Sorry for the extra long post. Just needed to be accurate. Cheers.

Just to be clear; your wages can be reduced.

And your ex employer has 6 YEARS to chase any other money you owe too.

So when you say ‘ no that’s unacceptable, you’ve had weeks ‘- it just tells them you know nothing about the law

Ja7188

Have you they just told you that they're going to pay you 'minus any deductions' or have they actually provided a breakdown of the deductions? If it's the latter, do their calculations tally with yours...?

Matt_uk

Well no money was paid to me on the 21st of September. Am I right in thinking. Even if the total minutes of me leaving early by (3/4) mins per week add up to the wages so then he doesn't owe me anything. Which I think all together it adds to about 2 hours by the way. My old boss still owes me my 15 hours holiday pay? As a bare minimum. Thanks. Appreciate the replies.

Comms69

Matt_uk wrote: »

Well no money was paid to me on the 21st of September. Am I right in thinking. Even if the total minutes of me leaving early by (3/4) mins per week add up to the wages so then he doesn't owe me anything. Which I think all together it adds to about 2 hours by the way. My old boss still owes me my 15 hours holiday pay? As a bare minimum. Thanks. Appreciate the replies.

No one can answer that.

You need to work it out and decide if Court is worth it

sangie595

I think what you fail to understand is that, right now, what the law says the employer can or can't do is irrelevant. Possession is nine tenths of the law and the employer posts your claimed payment. So you need to stop "thinking" that they might owe you something and work it out - do they owe you something? Because you seem to be a bit confused on this point - they owe you wages, but then the amount of time you "left early" might add up to the same amount???

Your option here is to firstly send a letter before action saying that your address owed payment and intend to take legal action to recover it unless it is paid within a specified period - usually 21 or 28 days. Then if it isn't paid you do that. But you can't go to court saying "i think the employer owes me money". You must specify what you are owed. It is then up to the employer if they wish to counter claim for what they say you owe. If you don't want to do that, then there's no way you'll ever see any money, so you may as well give up arguing.

jobbingmusician

Send the employer a clear LBA stating what they owe you, based on their own timesheets plus holiday pay. You might want to run the holiday pay past this forum first to see if we agree with you - we would need to know when the hol year starts and ends, and how much holiday you have taken (and obvs your holiday allowance).

Matt_uk

I've contacted acas now. I am hoping they have someone there or know of a service that can compare the timesheets I've sent to the clocking in system. If not I'll have to find one myself. I just really don't have the time to go through 6 months of timesheets and clock system paperwork. I am up at 4am 6 days per week. I've asked my ex employer to send me evidence how his accounts department have worked it out if they think they owe me nothing. And he ignored me. Not great.