Work haven't paid me because they've not received references.

Andy6666 · 16 July 2017 at 6:03PM

Hi

I'd like a bit of help to understand my rights. I work on a casual basis in a Leisure centre. I should have received my first payment into my bank account on Friday 14th June but it's not been paid. I let my manager know who has checked with the payroll department. Apparently they are still waiting for one of my references before they can release payment.

This is the first I've heard that my employers were still waiting for a reference. There is no problem with my previous employer (employment finished on good terms and I had a good working relationship). All other checks complete - DBS check, reference from another former employer have been fine

My question which I hope you guys can help with is - Are my employers allowed to withhold payment because they're waiting for a reference?

I thought if they were waiting for a reference I'd not be allowed to work (understandably as I work with children/vulnerable adults) but withholding pay sounds odd. Also no one has informed me that the reference was outstanding. I've worked there since late May so they've had ample time to raise and problems.

Thanks in advance for your help.

Andy

xapprenticex · 16 July 2017 at 6:17PM

i agree its very odd, end of the day, they will have to pay you but maybe its company policy and as they INTEND in paying you, they are doing nothing illegal.

Maybe its a good thing considering you are working with kids and they want to make sure everything is 100%.

have you chased your referees? id do that.

do you have to wait till next payment run or will you get paid as soon as they get the references?

Andy6666 · 16 July 2017 at 6:36PM

Hi apprentice.

I have supplied details again to my employer regarding reference and let prev employer know I need this sorting. Prev employer is rather relaxed as far as administration goes (still waiting for him to forward on previous payslips from 6 weeks ago).

I've also provided details of another reference that can be used in case it's ongoing.

They've said they will do a payment as soon as they receive a reference. It's just annoying that they didn't prompt me earlier that there is a problem because I'm sure it could have been sorted out.

Cheers

jobbingmusician · 16 July 2017 at 6:40PM

Have you had a contract? Have they signed it? I am no expert but I am sure they should be paying you. They can hardly argue that you haven't done the work, references or no references....

Andy6666 · 16 July 2017 at 6:47PM

Hi Jobbing Musician.

There's not a contract detailing hours worked as I'm on a casual 'as and when' basis. I signed a generic type of contract (detailing responsibilities etc).

xapprenticex · 16 July 2017 at 6:51PM

Andy6666 wrote: »

Hi apprentice.

I have supplied details again to my employer regarding reference and let prev employer know I need this sorting. Prev employer is rather relaxed as far as administration goes (still waiting for him to forward on previous payslips from 6 weeks ago).

I've also provided details of another reference that can be used in case it's ongoing.

They've said they will do a payment as soon as they receive a reference. It's just annoying that they didn't prompt me earlier that there is a problem because I'm sure it could have been sorted out.

Cheers

its so annoying when referees drag their feet.

jobbingmusician · 16 July 2017 at 6:52PM

But surely your generic contract specifies payment and pay dates? That's the bit they are breaking, I suspect.....

Andy6666 · 16 July 2017 at 6:58PM

I think they're breaking the rules too. I can't see what right they have to suspend a payment because the reference is missing. It would make sense to delay your first working day until all checks are satisfied.

Council ran Leisure trust. They're not great.

Geoff1963 · 16 July 2017 at 7:35PM

As others have said, if the reference was so important, they shouldn't have taken N hours of your life without paying for it. What if the reference then fails, or doesn't meet some arbitrary standard ; would they never pay ? If that allows them to have N hours of your life for free, they can presumably do the same for your successor. Any fool could run a profitable business that way.

xapprenticex · 16 July 2017 at 7:52PM

When we say they are breaking the rules, we also must ask WHOSE rules are they breaking? Their own?

Different between supposedly breaking the rules and breaking the law.

The employer may be breaking the law, but i don't think they are because they still intend in paying pending references. Obviously, kicking up a fuss will put an end to the job pretty quickly.

andygb · 16 July 2017 at 8:54PM

xapprenticex wrote: »

When we say they are breaking the rules, we also must ask WHOSE rules are they breaking? Their own?

Different between supposedly breaking the rules and breaking the law.

The employer may be breaking the law, but i don't think they are because they still intend in paying pending references. Obviously, kicking up a fuss will put an end to the job pretty quickly.

We are now on 16th July and the OP has not been paid - a month past the last time they were supposed to be paid - 14th June.
I would suggest that the employer is breaking the law.
From your last highlighted sentance, and some of your posts on previous threads, you do not seem to be very helpful towards people who have genuine queries with unscrupulous employers.
Perhaps you think that new employees should be treated like dirt?
How are they supposed to survive if their employer doesn't pay them?

Work haven't paid me because they've not received references.

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