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

2

Comments

  • z1a
    z1a Posts: 2,522 Forumite
    First Anniversary First Post Combo Breaker
    andygb wrote: »
    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?

    14th June wasn't a Friday, 14th July was.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    Andy6666 wrote: »
    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
    This makes no sense whatsoever. Council payroll departments do not receive references, they aren't sent copies of them, and they don't care about them one iota. I am confidently certain that the payroll department said no such thing.

    I think what you will find is that your manager (or theirs, depending on where the authority lies) forgot to file the correct authorisations to have you added to the payroll - these days it is usually all computerised. The only job that payroll do is pay you - they couldn't care less whether your references have been received or not.
  • hyubh
    hyubh Posts: 3,531 Forumite
    First Anniversary Name Dropper First Post
    sangie595 wrote: »
    Council payroll departments do not receive references.

    Where did the OP specify a local authority employer?
  • xapprenticex
    xapprenticex Posts: 1,760 Forumite
    sangie595 wrote: »

    I think what you will find is that your manager (or theirs, depending on where the authority lies) forgot to file the correct authorisations to have you added to the payroll - these days it is usually all computerised. The only job that payroll do is pay you - they couldn't care less whether your references have been received or not.

    Thats a strong possibility but woudlnt they be promising to pay next pay-day rather than whenever the references arrive which could be tomorrow for all we know. Saying "Release payment" implies that everything is in order (less references).

    Of course, i can be totally wrong.
    andygb wrote: »
    ..Emotional drivel...

    In your own words..
    andygb wrote: »
    ...I think you need to calm down a bit...
  • amersall
    amersall Posts: 17,005 Forumite
    First Post Combo Breaker First Anniversary
    hyubh wrote: »
    Where did the OP specify a local authority employer?

    In post 8 :)
  • andygb
    andygb Posts: 14,631 Forumite
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    z1a wrote: »
    14th June wasn't a Friday, 14th July was.


    I think that the OP has their dates mixed up, because in the very first post, it definitely says Friday 14th June.;)
  • stator
    stator Posts: 7,441 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Write a formal letter to them, proof of postage, asking them for a written explanation as to why you haven't been paid.
    Creating a written record will often make them think twice about what they are doing.
    Changing the world, one sarcastic comment at a time.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    First Anniversary First Post
    I was a Union rep for a while. I can not see how they are related. If a reference was so important then they should have waited until it cleared for you to be employed. If a reference does not come through are they suggesting they keep your money?

    This sounds like there policy not law.
  • Undervalued
    Undervalued Posts: 8,844 Forumite
    First Anniversary Name Dropper First Post
    stator wrote: »
    Write a formal letter to them, proof of postage, asking them for a written explanation as to why you haven't been paid.
    Creating a written record will often make them think twice about what they are doing.

    Obviously the OP has a right to be paid and, if necessary, it would be a fairly simple County Court action to enforce that.

    However, they have no security of employment so they need to think carefully how best to proceed, assuming they think the matter can be resolved and they want to continue working there.

    The is no specific right to "a written explanation as to why you haven't been paid" so there is little to be gained by demanding one.

    If the employers intentions are not good, as opposed to this being just an administrative blunder, then making demands you can't back up simply risks the employer digging their heels in for as long as possible.
  • Leo2020
    Leo2020 Posts: 910 Forumite
    sangie595 wrote: »
    This makes no sense whatsoever. Council payroll departments do not receive references, they aren't sent copies of them, and they don't care about them one iota. I am confidently certain that the payroll department said no such thing.

    I think what you will find is that your manager (or theirs, depending on where the authority lies) forgot to file the correct authorisations to have you added to the payroll - these days it is usually all computerised. The only job that payroll do is pay you - they couldn't care less whether your references have been received or not.

    I had the same issue (different company) and rang the payroll department and that is what they told me - they were not going to pay me as my references had not come back yet. They could not put me on the payroll system until they came back. I said but you told me to start straight away (I started working the next evening after the interview) and shouldn't you have waited for the references before I started work? Same response - we cannot put you on the payroll without a reference.

    It was only a weeks worth of wages and I was no longer working for them. The contract had been TUPE to another company.

    I decided to write a formal email in the hope they would pay up. I said they if refused to pay me then I would have to take further action. They promised to pay me the following Monday. I received nothing again.

    Eventually a reference came to them from a previous employer and they paid up then.

    I get the feeling that if a reference hadn't have come back I would have had to take them to court to see payment.
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