Employer withholding all pay pending an investigation

Comms69

Spify2311 wrote: »

The context is irrelevant. - no it's not. Because context would tell us if you are an employee or not. I agree with Sangie that it's atleast possible you arent The question asked is can my employer withold my pay pending an investigation. - yes 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. - That's not the same question. He simply doesn't send you payment. You then have to go to court to get it

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

If you cost the company a £100k deal?

pmduk

OP let's start with easier points. Do you have a contract?

tacpot12

Whether there will be a counter-claim is also dependent on the employment context. It does sound like your partner was engaged as a contractor (with a contract for services) not an employee (with a contract of service). One of the easiest ways to determine this is whether your partner or you were added to the employers payroll and received payslips that deducted PAYE and National Insurance. If you were on the payroll and received such payslips, then you were an employee and a counter-claim is very unlikely.

If you were not an employee of the company running the project, then you will have been an employee of your partner's business. Your partner's business could be operating as a sole trader or a limited company (or even a partnership), but the liability for any counter-claim will lie with your partner's business. He should have liability insurance that covers this, but sadly many small business owners do not think to insure themselves against the risks that arise when running a business.


If you and your partner were not employees of the company running the project, the only way for your partner to get the money he is owed is to make a claim through the courts. There are costs associated with doing so, and with collecting any money owed. It sounds like the company running the project is still willing to deal with your partner, so he has some leverage to get the outstanding invoices and expenses paid.