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

steampowered

Obviously, the ability of employers to simply not pay their employees is regulated. This is not a situation where withholding pay is permitted.

The employer can easily arrange a courier to pick up the items if they want them back. Couriers are well able to handle this sort of thing - they just bring a padded box you put the laptop in. You can take a photo of the box if you like.

If the employer does not pay you on pay-day, simply issue court proceedings against them the next day - using the moneyclaimonline system. It's likely the employer will immediately brick themselves and just pay up. If they don't, while it will take a bit of time for your case to go through the system, the employer will ultimately have to pay court costs and a generous 8% interest - and you can't get 8% from a savings account.

unforeseen

If the employer arranges a courier because op is effectively refusing to return the items themselves then I assume the the employer has the right to retain the cost of the courier from the OP's pay. 

MoneySeeker1

Perhaps that's the answer then - ie for OP to tell the employer they still won't bring the items back themselves - and invite the employer to make arrangements for a courier to come and fetch the goods and deduct the cost of said courier from OP's pay.

If I were an employer - I'd be prepared to arrange a courier (even though OP staying away was nothing to do with me and had been their decision) - provided I'd got it in writing from OP that they agreed to me taking the costs of the courier from their salary. I'd have my stuff back and my "backside covered" from OP trying to claim I'd made an unlawful deduction for an issue that is to do with them (and not me).

So that's my suggestion - send employer a letter/email (copy kept) stating "I acknowledge the reason I'm not bringing back your items is because I have decided to 'follow Government guidelines' because of x circumstances. Therefore I authorise you to send a courier to my house to pick up the following goods (named) and to deduct the cost of said courier from my final salary payment, subject to it not being more than £x (say £20???? - as I don't know how much these couriers cost)".

Dox

I couldn't be bothered to plough through this whole thread, so someone has probably already suggested booking a courier to return the goods. They will collect from your doorstep (no need for physical contact) and you can send by tracked, insured and signed for delivery - doesn't sound as if there is anything very heavy. Your employer is entitled to get their goods back, not necessarily have you show up in person to deliver them.

bucksbloke

ladystardust88 said:

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...

I am a HR Manager. If it is your last pay packet, they are entitled to do this. You could send this via courier insured for less than 30 quid. They will even pick up from your house.

ACAS will not do a lot. Your claim would be for unlawful deduction of wages, and your contract states they can do it lawfully. 

Cromwell77

steampowered said:

Obviously, the ability of employers to simply not pay their employees is regulated. This is not a situation where withholding pay is permitted.

The employer can easily arrange a courier to pick up the items if they want them back. Couriers are well able to handle this sort of thing - they just bring a padded box you put the laptop in. You can take a photo of the box if you like.

If the employer does not pay you on pay-day, simply issue court proceedings against them the next day - using the moneyclaimonline system. It's likely the employer will immediately brick themselves and just pay up. If they don't, while it will take a bit of time for your case to go through the system, the employer will ultimately have to pay court costs and a generous 8% interest - and you can't get 8% from a savings account.

steampowered said:

Obviously, the ability of employers to simply not pay their employees is regulated. This is not a situation where withholding pay is permitted.

The employer can easily arrange a courier to pick up the items if they want them back. Couriers are well able to handle this sort of thing - they just bring a padded box you put the laptop in. You can take a photo of the box if you like.

If the employer does not pay you on pay-day, simply issue court proceedings against them the next day - using the moneyclaimonline system. It's likely the employer will immediately brick themselves and just pay up. If they don't, while it will take a bit of time for your case to go through the system, the employer will ultimately have to pay court costs and a generous 8% interest - and you can't get 8% from a savings account.

Even if successful this not going to be quick is it ? Also on a money claim whilst interested can be added this is not enforceable.

[Deleted User]

I see the OP is now a deleted user. Hmmm.