23 May 2016

A question about : Ex employer withholding wages

Hi there, just needed some advice about my ex-employer withholding wages. I left this employer on the 2/10/12 and my monthly salary was due on the 4/10/12. That wasn't paid and according to my supervisor (who spoke OTR ) they are withholding my salary as they believe me to be in debt to them. Management refuse to discuss the matter by telephone and have said that they will write to me. As of today I have still heard nothing and have had to procure a crisis loan from the DWP until my first payment of JSA some 10 days away..

From what I have gathered it seems that I now have two options to attempt to reclaim this money, either by Employment tribunal (which I've heard only bad things about) or by County Court action.

My question is this, given that I will be seeking compensation in excess of the wages that were due to me in respect of bank charges, late payments interest and other financial penalties incurred, which of the two methods are best suited to me?

Thank you in advance for any help.
Tef

Best answers:

  • Do you believe you are in debt to them.
    Is there anything in your contract about any of this.
  • You said your company are saying you owee them money. Can you think of any reason as to why
    Have you bought anything through the company, had a loan from them, taken more holidays than you had accrued.
    If you cant, you can only wait to see what the letter says.
    Have a look at the ACAS website or google 'employer withholding wages' something will come up on there.
  • Hi my son is having the same problem with an employer. He never got to sign the contract for other reasons and gave notice after two weeks. His former employer was very abusive and said that he wouldn't be paid. Rang Acas and they advised him to write/email a letter to his employer giving him 14 days to respond and then its back to them. Witholding of wages and a payslip is illegal and despicable
  • An employer can only deduct from wages in limited circumstances.
    https://www.direct.gov.uk/en/Employme.../Pay/DG_175878
    You say the employment was for 12 months?
    Employment for a fixed term would need to be detailed in writing a 'contract'?
    https://www.direct.gov.uk/en/Employme...kers/DG_175138
    https://www.acas.org.uk/index.aspx?articleid=1797
    Have you been paid for all accrued holiday pay?
    As for ETs being bad, that would depend on the outcome for the persons envolved
Category: 
Basic rights at work & Redundancy
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