Employer withholding pay as I cannot return my work items as I am isolating while I WFH

[Deleted User]

Hi all,

I was taken on during lockdown in a perm role. Within my probation period and we are mutually agreeing to part ways after a horrendous rush of nonsense and questionable work practices. I am WFH halfway my 2 week notice period and employer is refusing to process my full pay until I come into the office myself to hand over my work items (laptop, ID badge, paperwork - not confidential but company property).

1. I am isolating as I live with 3 other people in a house share, 2 of us are displaying common symptoms of Covid. Going by government guidance I need to isolate for 14 days - at this rate I am gearing up to get this myself. Realistically taking into the isolation period (assuming I don't get it) this goes over both my payday and my notice period.
2. I informed them verbally (I know, should have got it in writing) the day before of that I needed to isolate due to the above to all three directors on three different occasions. I advised that we are unable to get Covid tests and showed them screenshots of our nearest testing centres 200 miles away (they acted very supportive). As part of their "friendly chat" after I raised queries about my workload. I was informed I didn't inform anyone about self isolation (which turned into an attack on my character and other upsetting remarks).
3. I do not drive and they are insisting I come in on public transport next week to ensure I get full pay (all verbal - "no goods, no pay").
4. My contract does reflect that I am paid on the last working day of the month, but also a clause about "we shall be entitled to deduct from your salary or other payments due to you any money which you may owe to the company at any time".

I am contacting ACAS on the Monday but very unsure, upset and furious this has happened. In the grand scheme of things can they do this pending their contract clause? I'm aware I've not been there for more than 2 years...

KatrinaWaves

I imagine they are fine to legally withhold your pay until they get their property back, particularly the laptop. Is there no one your know who you could Anti bac the items, leave outside for them and they take it into work for you? 

Failing that, finish your isolation, take it back, and I’m sure at the end of October you’ll get what you are due. 

prowla

The company could arrange a courier if they were so inclined.

[Deleted User]

KatrinaWaves said:

I imagine they are fine to legally withhold your pay until they get their property back, particularly the laptop. Is there no one your know who you could Anti bac the items, leave outside for them and they take it into work for you? 

Failing that, finish your isolation, take it back, and I’m sure at the end of October you’ll get what you are due. 

Not at the moment. I am asking around but a lot of people I know are wary to come near our flat based on the fact we are isolating. I'm hesitant to get a courier as I want someone I trust to be with the item and to confirm (via photo) that the goods have been delivered. Unless of course a company offers that?

Waiting until October for pay is not an option at all as I need to pay my rent and living costs. I don't have the option of borrowing money or taking out a loan/credit card just for this.

JReacher1

ladystardust88 said:

KatrinaWaves said:

I imagine they are fine to legally withhold your pay until they get their property back, particularly the laptop. Is there no one your know who you could Anti bac the items, leave outside for them and they take it into work for you? 

Failing that, finish your isolation, take it back, and I’m sure at the end of October you’ll get what you are due. 

Waiting until October for pay is not an option at all as I need to pay my rent and living costs. I don't have the option of borrowing money or taking out a loan/credit card just for this.

If you won’t pay for a courier, and have no friends prepared to pick your stuff up then you’ll have to wait until October. Whether you are legally right is irrelevant as any legal action you started would not get you your wage paid at the end of September. 

Undervalued

JReacher1 said:

ladystardust88 said:

KatrinaWaves said:

I imagine they are fine to legally withhold your pay until they get their property back, particularly the laptop. Is there no one your know who you could Anti bac the items, leave outside for them and they take it into work for you? 

Failing that, finish your isolation, take it back, and I’m sure at the end of October you’ll get what you are due. 

Waiting until October for pay is not an option at all as I need to pay my rent and living costs. I don't have the option of borrowing money or taking out a loan/credit card just for this.

If you won’t pay for a courier, and have no friends prepared to pick your stuff up then you’ll have to wait until October. Whether you are legally right is irrelevant as any legal action you started would not get you your wage paid at the end of September. 

Exactly.

In theory, if they are legally in the wrong and you suffer unavoidable losses as a result they could be held liable. You have a duty to keep the losses as low as reasonably possible (e.g arranging an overdraft rather than incurring unauthorised borrowing charges etc). However whether this is worth pursuing assuming you do get your money within a month or two is debatable.

Regardless of the legal rights, depending on their mindset, pushing / hassling too hard may be counterproductive. Nothing you can do is going to force payment quickly. Frustrating I know but that is how it is.

kazwookie

Arrange a taxi to collect from your and deliver to the company and get photos / signed for paper from the company, get the taxi driver to return to your with the paper and photos.

Any other employees live near you and could collect?

MoneySeeker1

prowla said:

The company could arrange a courier if they were so inclined.

But then - why should they?

I'm usually on the side of the employee - but, in this case, it does look as if it's the OP's decision to "isolate" etc and therefore the onus is on the OP to get the employers stuff back to them or go back into work as normal (taking the employers stuff in with them). It's not up to an employer to cover an employees decision to self-isolate and I would be doing the same in the employers position - ie of insisting they brought my belongings back to work and then I'd pay them what they were owed in salary.

I think it sounds as if OP is in the "fearful about Covid" camp and the employer is in the same one I am of "You want to be fearful = you deal with it and I will carry on with 'life as normal' ". The employer doesn't wish to pay for OP's feelings - understandably.

[Deleted User]

MoneySeeker1 said:

prowla said:

The company could arrange a courier if they were so inclined.

But then - why should they?

I'm usually on the side of the employee - but, in this case, it does look as if it's the OP's decision to "isolate" etc and therefore the onus is on the OP to get the employers stuff back to them or go back into work as normal (taking the employers stuff in with them). It's not up to an employer to cover an employees decision to self-isolate and I would be doing the same in the employers position - ie of insisting they brought my belongings back to work and then I'd pay them what they were owed in salary.

I think it sounds as if OP is in the "fearful about Covid" camp and the employer is in the same one I am of "You want to be fearful = you deal with it and I will carry on with 'life as normal' ". The employer doesn't wish to pay for OP's feelings - understandably.

If two of my housemates are sat in the house with symptoms of Covid and I am following government guidance I fail to see how I'm being fearful of Covid? Keeping my employer in the loop with written evidence? Our Covid policy asks us to self isolate if in the instance we live with or are exposed to those displaying Covid symptoms - I have followed their policy exactly to the letter and have displayed as much evidence as possible.

If I have to arrange a courier with evidence that is fine, I'm just conscious that once it's out of my sight anything could happen. So I'll look into either convincing someone to drop it off with pictures or preparing for a battle that is completely out of our control.

MoneySeeker1

You were the one that decided to "follow Government guidance" and it's because of your personal situation.

Either way - it's nothing to do with your employer. The employer doesn't suffer because of someone else's private life I'm afraid.

In your position - if you won't go in yourself, can't get anyone you know to do it for you, etc, etc - then it sounds like you had better pay for a courier to do it for you and do the best you can to pick a reliable one. Those seem to be your options:
a. You do it yourself
b. You pay for a courier to do it for you.

elsien

Money is on a Covid soapbox. Take no notice of those comments. 

I understand your concerns about sending items with a courier - you’d need to check their insurance as well. Is there really no one else you trust to return them?