Employer withholding all pay pending an investigation

Spify2311

Long story short, I was working a project up north for my employer. Due to mental health issues that both my manager and director ware well aware of, I had a mental breakdown when I felt physically threatened by someone I did not even realise at the time was a client. My employer, 1 of 2 directors at the company (other being his wife who has no say in business) has fired me on the spot as he cannot afford to have someone with mental health problems working for him.

The company director is now refusing to pay both my partner or I. My partner started working for him first and brought me on as he needed help. My partner wasn't present during the altercation so has no idea what happened. However neither of us have been paid. Payment due every Friday. We also have over £260 worth of expenses for the week which they are refusing to pay as well.

At this point in time my mental health has gotten so bad that I have barely been able to function properly since the incident which happened Thursday night. I have had to make an emergency doctors appointment, been referred to the mental health team and put on medication. Which between my partner and I was the last tenner we had. (luckily his mum has given us some money to buy food.)

I'm pretty sure he can't just withold money from us but for the life of me, I cannot find anything that specifically says he can't. He has told us to get a solicitor if we want to question him. My anxiety right now cannot deal with the added stress of a legal battle.

On a side note, the comment I made to the client was regarding a key issue with the project and due to that issue the whole project has completely flopped because the director was too concerned that I even spoke to a client. This is now going to result in £100 000's worth of damage.

As we have cctv camera on the project, this was not removed or asked to be removed so my partner checked the project at half 8 this morning and realised there was an issue and immediately informed manager and director. Director called an hour later requesting that he head to the project immediately. Partner told director exactly how much money we had and advised that was not possible. Director said over the phone that he will send him some money if he can come up. Partner refused as I'm in no fit state to be left alone and he is now at breaking point.

Right now they company is more concerned with the project failure than the pair of us.

Comms69

Spify2311 wrote: »

Long story short, I was working a project up north for my employer. Due to mental health issues that both my manager and director ware well aware of, I had a mental breakdown when I felt physically threatened by someone I did not even realise at the time was a client. - Think you need to elaborate a lot more on that part for a start. My employer, 1 of 2 directors at the company (other being his wife who has no say in business) has fired me on the spot as he cannot afford to have someone with mental health problems working for him. - I mean it's a risky move; what are your MH problems?

The company director is now refusing to pay both my partner or I. My partner started working for him first and brought me on as he needed help. - your partner brought you on? Or the director did? My partner wasn't present during the altercation so has no idea what happened. However neither of us have been paid. Payment due every Friday. We also have over £260 worth of expenses for the week which they are refusing to pay as well. - Were you actually employed?

At this point in time my mental health has gotten so bad that I have barely been able to function properly since the incident which happened Thursday night. I have had to make an emergency doctors appointment, been referred to the mental health team and put on medication. Which between my partner and I was the last tenner we had. (luckily his mum has given us some money to buy food.)

I'm pretty sure he can't just withold money from us but for the life of me, I cannot find anything that specifically says he can't. - well it's difficult to say. Assuming you were employed, no he "can't" withhold money. BUT you need to got to court to get it. He has told us to get a solicitor if we want to question him. My anxiety right now cannot deal with the added stress of a legal battle. - well you can do it yourself legally, but clearly not in your current state

On a side note, the comment I made to the client was regarding a key issue with the project and due to that issue the whole project has completely flopped because the director was too concerned that I even spoke to a client. This is now going to result in £100 000's worth of damage. - again there's no context here. A key issue could be - "You cant fly a helicopter here, so there's no point building a helipad."

As we have cctv camera on the project, this was not removed or asked to be removed so my partner checked the project at half 8 this morning and realised there was an issue and immediately informed manager and director. - again where's the context?? Director called an hour later requesting that he head to the project immediately. Partner told director exactly how much money we had and advised that was not possible. Director said over the phone that he will send him some money if he can come up. Partner refused as I'm in no fit state to be left alone and he is now at breaking point. - well it seems your partner, who is not on sick leave presumably, will lose his/her job

Right now they company is more concerned with the project failure than the pair of us.

Which in reality is as it should be. Provide more context, without it; it's impossible to advise..


Were you an employee
What were the rough terms of employment
What happened

sangie595

I'm assuming that if your partner simply bright you on board, there's at least a possibility that you are contractors and not employees. This is a mess, and there are too many stands to unpick. I strongly advise that you do as your "employer" advises and get some legal advice. There are so many potential issues and potential red herrings that this is not the right place to discuss best guesses. Especially since there is potentially a very large counter claim to anything you might claim.

Sorry, I think you are better with real legal advice.

Spify2311

The context is irrelevant. The question asked is can my employer withold my pay pending an investigation. Yes or no? And please provide me with the legislation that states that he is within his rights to withold pay for work carried out.

And how on earth is there a larger counter claim against me? On what grounds?

Annisele

I very much agree with sangie595 - context really is everything here. For starters, it's not clear to me that you really were technically an "employee". Doing work for a company doesn't necessarily make you an employee of that company.

For example, I have an accountant who does work for my company - but he's most definitely not an employee. My company has a contract with him, and if my company breached that contract (by not paying) he'd probably sue my company. But that wouldn't have anything to do with employment law.

On the counter claim, if you've done something that caused a company to suffer £100,000s of damages, then that company might well have a claim against you. But might is the key word in that; we don't know enough to even speculate.

To continue my accountant analogy, if I refused to pay my accountant's £1k invoice because his negligence cost me £100k, he might well choose not to make an issue of the unpaid invoice.


I'm sorry; it sounds like you're in a very difficult situation. But it also sounds like one that does need proper legal advice.

BrassicWoman

Spify2311 wrote: »

The context is irrelevant. The question asked is can my employer withold my pay pending an investigation. Yes or no? And please provide me with the legislation that states that he is within his rights to withold pay for work carried out.

And how on earth is there a larger counter claim against me? On what grounds?

I get that you are stressed. But honestly, the devil is always in the detail. Stuff like, employee or contractor, how long have you worked there, what exactly did you say. This is all unclear.

I think a solicitor would be best too. I am not sure a forum is right for this one.

marliepanda

Spify2311 wrote: »

The context is irrelevant. The question asked is can my employer withold my pay pending an investigation. Yes or no? And please provide me with the legislation that states that he is within his rights to withold pay for work carried out.

And how on earth is there a larger counter claim against me? On what grounds?

All legislation and law has context! Even murder will look at context, why would employment legislation be catch all?

A_Nice_Englishman

One observation. If the OPs partner is needed on site to prevent or mitigate hundreds of thousands pounds worth of damage and doesn't go there may not be a company left to claim any pay or expenses off.

Ozzuk

Context is extremely important, especially if you are facing a 100k liability. If you are an employee then liability should sit with the employer, but if you are a contractor the you could be liable - and I hope you have insurance. But that all depends on your contract, your status, no-one can advise unless you are much clearer on what has happened, how you are retained etc.

from what you've written it sounds more like a contract. So you'd have to go to court to claim any unpaid invoices, but equally there is a high risk he could sue you if you were neglegent. If you've been fired then there is no investigation. Too many inconsistencies/missing info.

sangie595

Spify2311 wrote: »

The context is irrelevant. The question asked is can my employer withold my pay pending an investigation. Yes or no? And please provide me with the legislation that states that he is within his rights to withold pay for work carried out.

And how on earth is there a larger counter claim against me? On what grounds?

Please recognise that people here are helping you for free. We don't even know that your "employer" is your employer. Even that means something very specific in law. You don't demand that we provide you with legislation, or yes and no answers. And any such answers would be rubbish - we know that context matters, even if you don't!

You need to consult a lawyer.

And thank you would have been nice.

kazwookie

What does your partner have in writting from the company about bringing you on board?

What do you have in writting from the company about your 'employment'?

In 'theory' if you have worked you should be paid for it, but what you have described is a total mess, an internet forum is NOT the place to get advise for the problem you have.

Spify2311 wrote: »

Long story short, I was working a project up north for my employer. Due to mental health issues that both my manager and director ware well aware of, I had a mental breakdown when I felt physically threatened by someone I did not even realise at the time was a client. My employer, 1 of 2 directors at the company (other being his wife who has no say in business) has fired me on the spot as he cannot afford to have someone with mental health problems working for him.

The company director is now refusing to pay both my partner or I. My partner started working for him first and brought me on as he needed help. My partner wasn't present during the altercation so has no idea what happened. However neither of us have been paid. Payment due every Friday. We also have over £260 worth of expenses for the week which they are refusing to pay as well.

At this point in time my mental health has gotten so bad that I have barely been able to function properly since the incident which happened Thursday night. I have had to make an emergency doctors appointment, been referred to the mental health team and put on medication. Which between my partner and I was the last tenner we had. (luckily his mum has given us some money to buy food.)

I'm pretty sure he can't just withold money from us but for the life of me, I cannot find anything that specifically says he can't. He has told us to get a solicitor if we want to question him. My anxiety right now cannot deal with the added stress of a legal battle.

On a side note, the comment I made to the client was regarding a key issue with the project and due to that issue the whole project has completely flopped because the director was too concerned that I even spoke to a client. This is now going to result in £100 000's worth of damage.

As we have cctv camera on the project, this was not removed or asked to be removed so my partner checked the project at half 8 this morning and realised there was an issue and immediately informed manager and director. Director called an hour later requesting that he head to the project immediately. Partner told director exactly how much money we had and advised that was not possible. Director said over the phone that he will send him some money if he can come up. Partner refused as I'm in no fit state to be left alone and he is now at breaking point.

Right now they company is more concerned with the project failure than the pair of us.