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Witholding final pay

 
Withholidng pay - & deductions

Hi, I quit working for my boss and worked out my notice period. I have waited until the last working day of the month for my final pay packet and the boss hasn't paid me. I spoke to my boss and he said that he will pay me end of June (some bull story about company being short of money).

I also asked for my P45 - and still haven't received it. I don;t think they will pay me - so sent them an e-mail requesting final pay, pay slip and P45 to be sent to me.

Where do I stand if they don't pay me? Only worked for the small company for 3 months.

Also, my contract states that any monies owed by myself can and will be deducted out of my pay packet. I sent an item of theirs through a courier and it became damaged & lost (I have no proof only their word) and they have taken the item's value out of my pay packet - (they told me on phone - last week) - can they do that - as technically I don't think I owe them money - as its not my fault!

Any advice appreciated. Thanks

webster

05/06/2006 01:56:02

Withholidng pay - & deductions

Originally posted by webster:
Hi, I quit working for my boss and worked out my notice period. I have waited until the last working day of the month for my final pay packet and the boss hasn't paid me. I spoke to my boss and he said that he will pay me end of June (some bull story about company being short of money).

I also asked for my P45 - and still haven't received it. I don;t think they will pay me - so sent them an e-mail requesting final pay, pay slip and P45 to be sent to me.

Where do I stand if they don't pay me? Only worked for the small company for 3 months.

Also, my contract states that any monies owed by myself can and will be deducted out of my pay packet. I sent an item of theirs through a courier and it became damaged & lost (I have no proof only their word) and they have taken the item's value out of my pay packet - (they told me on phone - last week) - can they do that - as technically I don't think I owe them money - as its not my fault!

Any advice appreciated. Thanks



Write a letter to them sent by recorded delivery stating that they are to pay you within 14 days and to send your P45 within 7 days of that payment otherwise you will take further action which may include legal action to claim the monies owed to you. Keep the letter short and to the point, and keep the delivery receipt and a copy of the letter in case you need to take further action.

After 23 days submit a claim at an employment tribunal (you can do this online) for unlawful deduction of wages and breach of contract. In your claim state when you finished working for the company, that they didn't pay you at the end of the month as your contract stated, you send a letter to them asking for payment within 14 days and for your P45 within 21 days and it is after the time specified on the letter and you have received neither. State on the claim how much money you are owed for wages, and that you want an additional sum for the distress and inconvience to you by your employers actions.

If your employer telephones you up and threatens you go to the police and get a crime reference number. You are no longer an employee so they cannot do this to you.

Do not withdraw your claim until your employer has paid up and given you your P45 otherwise you will not have a legal leg to stand on.

Slough

05/06/2006 12:24:55

withholding pay

I recently resigned my job as a courier for a well known company,i was self employed by a sub contractor for the company.I gave them 2 weeks notice in writing although i never did recieve a written contract. i was payed in cash every friday. i agreed verbally to stay on and help them out until they found another driver,however after a dispute over the unsafe van i was driving i left. Now my employer will not pay me the week they owe saying they had to pay out for an agency staff member and that they wont pay me until they have recieved my national insurance number and tax forms. where do i stand on this matter???

sally

30/08/2006 12:15:29

Advise needed

Whats the worst thing that can happen if I decide to walk out my job before the end of my four weeks notice?

craig

30/08/2006 15:09:10

Havent been paid havent recieved P45 worked for the company more than 2 years.

I quit my work almost two weeks ago moved to London.Day I left on Sat 22nd of November wasnt feelin very well after doing 15 hours shitf(Catering Hospitality Industry)had to wake up for breakfast and work again..had a very heavy nose bleed went to the doctors and she said high blood preasure take some time off even for the day,Everything was happening same day Sat.I came back and spoke with my boss as i was going to work that evening,also Ive got serious heart condition.He knew about it.I asked for night off as wasnt be able to work and he said NO.After all these years working for this company makeing money and looking after everyone I decided I had enouth and it was the best time to leave.I havent mentioned this was my new manager he came only week ago mean person treating everyone like animals.so the same night I asked him to come to speak with me i was in tears al shaking and said I would like to leave.And what he said was OK.and he left.I packed my stuff and left.as i lived in.In a week I rang company director he never came back to me,i rang to head office to speah with wage peaple and they said my payments been stopped by director.Never came back to me.Been two weeks now. also i have to mention this but old manager who left the one i worked with he hasnt been paid either,they own him £6.000 previous head shef who left hasnt been paid either so should i get in a queue? Please i need someones advice what to do where to go to get help..this is happened to me first time but iam not leaving like this i need my money and ill do everything.

my email is svitmigle@yahoo.co.uk please help me to solve this problem.

Thank you.

angel777

04/12/2008 13:57:43

In theory you are owed the money for the period that you worked.

However, if I read your post correctly you did not work any notice, simply walked out. Depending on what your contract says about serving notice your employer might have grounds for asking you for money, for the costs for covering for you for the period of notice that you did not work. This can include the costs of employing any replacement staff, any drop in takings or profits because of your absence, and whatever else they can think to add on in the hope that it might stand up in court.

So, your former employer is probably taking the gamble that while they are in breach of your contract and owe you for the period you worked, they could convincingly argue that you are also in breech of your contract and in fact owe them at least as much, if not more, and so are assuming that you will not take this to Court. If it does go to Court and they lodge a counter-claim then you could end up owing them money. However, the first step is to find out exactly why you haven't been paid and take things from there.

If I have mis-read this and you left without any issues over your notice period then you can pursue this as a civil debt. The first step is to write to your employer asking for full settlement within 14 days or else you will refer the matter to the Court without further reference to them. If they don't send you the money then speak to someone at your local county court about lodging a claim - I'm told it isn't too difficult and is just a bit of form filling.

As regards your P45, this should follow after your final payroll run, btu there is no set deadline. Certainly two weeks after leaving isn't unusual, and if you have yet to resolve your final pay then it might not be issued until everything has been tied up.

I think the first thing to do is speak to your employer and ask about these points. Then take action depending on what they tell you.

monkey steve

04/12/2008 17:05:58

Withholding Wages

Hi

I started working for a Solicitor who told me I would be paid cash weekly and he would sort out a contract and my tax and National Insurance payments. After 1 month I still had not received a contract and some of my payments were short. After 3 months I was owed in total over 5 weeks worth of pay. I felt I had no option but to quit and find another job. I tried to contact him but he avoided the office and ignored my phone calls. I text him to say I would be going to Citizens Advice and he sent someone to my house with part of the money the same day and told me some story about being ill but I have been told he is fine and just avoiding me. He still has not been back to the office. I have had bank charges duw to late bill payments etc as I cannot afford to pay my bills. What can I do as I have no contract?

scouseprincessamy

13/01/2009 15:28:56

The lack of a contract isn't an issue - the lack of any evidence that you ever worked there may be! Have you had payslips or ANYTHING in writing?

shikahra

13/01/2009 16:45:12

There are a few issues here.

Not having a written contract does not mean that you did not have a contract of employment - the fact that you worked and they paid you means that you had a contract, and this will include any staff handbooks, memos, internet pages, and custom and practice. however, I'm assuming that the solicitor didn't have much of these things - were you the only employee?

Where a written contract would help would be concerning the formal arrangements for paying you, your salary, etc. When you say you were paid in cash, were you also given a payslip, or any sort of breakdown of gross pay, tax or NI?

Have you received a P45 since leaving? And when you stared did you give your employer a P45, or complete a P46 form?

The reason for asking is that your somewhat dodgy sounding employer should still be deducting tax and NI from what he has paid you, and if he has been making the deductions but not passing them on to the Inland Revenue then it's a bit more serious than simply asking for what is owed. And you would need to show that the relevant deductions were being made from your pay, so that the Revenue can go after your employer for any tax that is owed to them, and not you.

That's maybe getting ahead of ourselves, but let us know if you have any payslips, or even just receipts in cash books for what you have paid.

There are things you can do to get what is owed, and if there is anything dodgy going on then the solicitor is going to want to avoid these bringing him to the attention of the authorities. The first step is to work out exactly what you earned (gross), what you received (net) and what amounts are still owed, allowing for tax and NI. Then send a letter by recorded delivery asking for payment within 14 days or else you will take further steps to recover this. If you haven't already received it then ask for your P45 - this will act as confirmation that you have paid the relevant tax and NI, and if he is reluctant to provide this then it's a sure sign that something very dodgy is going on, and you may need to blow the whistle to the Inland Revenue.

The consequence of not receiving credit for the tax and NI that has been deducted is that you may have your benefits restricted, both now and at retirement, so it is well worth getting to the bottom of this.

monkey steve

13/01/2009 17:03:53

i was recently made redundant, without any warning. i was supposed to be paid via cheque on the last friday of the month as stated in my contract of employment. however, i have not received this cheque, which would ordinarily be sent out using a courier or registered post. i telephoned the office to be told it was sent first class the day before through ordinary post. I have been told that the company did not pay their staff their final wages when the shop closed last year. what can i do? the company owe me around seven weeks pay in total including holidays and a weeks notice pay.

mandarin81

31/01/2010 14:50:43

If the employer has not ceased trading altogther then you must first write and tell them that they owe this money and give them a chance to pay it. You can then make a claim to a tribunal for it. If they have ceased trading you will need to speak to the liquidators.

shikahra

31/01/2010 15:24:13