Employer withholding wages

JWE

Hi

Hope someone can help.

I'll try to keep this as brief as possible, as there are many facets to this, but the crux of the matter is my employer has decided that because "we all said we wanted a new payroll system" in our staff survey (yeah, right...) they've moved our payment date 5 days into the future and will keep the missing 5 days in lieu until we leave (though will not under any circumstances admit this).

That's it in a nutshell, I'll elaborate more now for those that wish to read more.

The words above have only been used once in front of us (5 days being kept in lieu until we leave). Getting anyone to admit that this is actually what's happening is not possible. They all resort to various complicated and confusing company speak and explain how previously (Apr 2018 - Apr 2019) there were 26 pay dates and if the previous system remained they'd be 25 dates in Apr 2019- Apr 2020.

They go on to explain how under the new system there will still be 25 pay dates this coming year (Apr 2019- Apr 2020) and there also would've been 26 under the new system in Apr 2018 Apri 2019. Which they say means I get paid exactly the same. One manager has even said that if they kept it as it was I'd be overpaid next year, but couldn't explain why and said that no wages are missing.

To stop getting all this rubbish being patronisingly fed to me, I trimmed down my one question to this, "My pay on the 18th of April is 2 weeks wages, then on the 9th of May (3 weeks later) it will be for 2 weeks, please explain."

As yet, no one has, they just launch into confusing spiel about what is mentioned above and say we lose no wages (even though we also have letters offering us bridging loans for any potential hardship).

Can any one shed any light of this please? If I go through ACAS or signup with a union, is this actually an unlawful withholding on wages please?

Thanks for your time.

martinthebandit

Your employer has moved your pay date back five days.

It appears that they intend to pay those additional five days when you leave, not ideal but it probably makes life simpler for payroll.

For anyone who this causes problems for they have offered to loan them a few quid to bridge the gap.

What's difficult to understand?

https://www.gov.uk/running-payroll/changing-paydays

JWE

Thanks for the help, I can see that. And they will not admit they're paying it back when I leave, they talk about rolling it over and all kinds of rubbish. They certainly won't admit I'm losing 5 days pay in any way shape or form. Although my wage slips will confirm that loud and clear.

I don't see what right they have to take 5 days of my wages to simplify payroll. I live hand to mouth on near minimum wage. If I work an hour extra today, it will be on my pay packet tomorrow, so why does this missing 5 days go in their pocket, how is it so hard to pay me for the hours I've worked?

I suppose it's accepted in this day and age that we should go through financial hardship to make life simpler for a company that employs 500,000 worldwide.

Comms69

JWE wrote: »

Thanks for the help, I can see that. And they will not admit they're paying it back when I leave, they talk about rolling it over and all kinds of rubbish. They certainly won't admit I'm losing 5 days pay in any way shape or form. Although my wage slips will confirm that loud and clear.

I don't see what right they have to take 5 days of my wages for their simplicity? I live hand to mouth on near minimum wage. If I work an hour extra today, it will be on my pay packet tomorrow, so why does this missing 5 days go in their pocket, how is it so hard to pay me for the hours I've worked?

I suppose it's accepted in this day and age that we should go through financial hardship to make life simpler for a company that employs 500,000 worldwide.

Your option is to accept it or find a new job

JWE

Wow... What happened to contracts? What happened to having to agree to these things with employees?

I'm genuinely shocked an employer can just decide to under pay me by 5 days like that. It's obviously not what I want to hear, but par for the course I guess.

Comms69

JWE wrote: »

Wow... What happened to contracts? What happened to having to agree to these things with employees?

I'm genuinely shocked an employer can just decide to under pay me by 5 days like that. It's obviously not what I want to hear, but par for the course I guess.

Yes you can enforce your contract, by all means do so. But what is the end result?


I suspect you'd be shown the door.

martinthebandit

JWE wrote: »

Wow... What happened to contracts? What happened to having to agree to these things with employees?

I'm genuinely shocked an employer can just decide to under pay me by 5 days like that. It's obviously not what I want to hear, but par for the course I guess.

Did you look at the link I posted?

Bottom line is, yes they can do as long as they follow the correct process.

JWE

I did.

I'm sorry, I presumed you'd not read my post fully, as I couldn't see how it shed any light on my problem. It essentially said they can move a pay date, change frequency and the like. I didn't see anything that said they can choose not to pay any employee for any period of time.

And what would be the correct process, do you have any links please?

chrisbur

JWE wrote: »

Hi



To stop getting all this rubbish being patronisingly fed to me, I trimmed down my one question to this, "My pay on the 18th of April is 2 weeks wages, then on the 9th of May (3 weeks later) it will be for 2 weeks, please explain."

.

As you will be getting two weeks wages on 9/5 it would appear that your pay period has not altered your employer has only changed your pay day moving it forward by one week.
You have not said when your pay period is but let's say it ran from 1/4 to 14/4 ( fourteen days) This is the period of time at work you get paid for on 18/4. Your next pay period would be 15/4 to 28/4 (fourteen days ) but now you get paid for it on 9/5. Next pay period 29/4 to 12/5 (fourteen days ) paid on 23/5 and so on....
As you are paid every two weeks your tax periods run as follows
Period 1 6/4 to 19/4
Period 2 204 to 3/5
Period 3 4/5 to 17/5
These pay periods are decided by when you are paid not when the wages are earned so period 1 will be for the wage paid on 18/4 but as your next pay day will not be until 9/5 this now falls in period 3.
Each pay period you get an amount on which no tax is due so as period 2 had no pay day in period 3 you get period 2 and period 3 tax allowance. Assuming that you earn enough to pay tax this will result in a reduction in the tax that you pay. If you want to give figures for what you get paid I can advise what the tax reduction should be.
There are no missing 5 days you are just being paid for two weeks work but now being paid one week later for that work. Annoying I agree and probably poorly explained but as the change of payday crosses the pay periods for two-weekly payments there will be the tax reduction for those who pay tax.

If you want to advise what your pay period is as well as your likely pay amount I can advise more exact details.

Paul_DNAP

JWE wrote: »

I did.

I'm sorry, I presumed you'd not read my post fully, as I couldn't see how it shed any light on my problem. It essentially said they can move a pay date, change frequency and the like. I didn't see anything that said they can choose not to pay any employee for any period of time.

And what would be the correct process, do you have any links please?

But they will pay you for that time. But they will pay you 5 days further away from when you earned it than they used to do.

Ozzuk

I get paid a month in advance, great when you join the company, a pain when you leave! You'll be getting exactly the same wage for your total period of employment, it doesn't sound like they've managed it well but I'm not sure how much it is worth trying to fight it.