Withhold pay

[Pappeol]

I hope someone can help

Hi I hope someone can help!

I worked for a company for a short amount of time and they haven't paid me.

The job was found using an agency initially but I was actually employed by the company as their employee

I emailed the dates and the amount of pay I am owed as a grievance and this is their reply


' A considerable proportion of your time here was spent on training which we need to claim compensation for, and certainly would have outweighed the pay due.

Therefore we feel any grievance/claim should be directed to the agency '

So what do I reply to that? Nothing in my contract states anything about training etc.

Please help me they owe me money for when I worked

I don't know what I should put as a reply

They are withholding my pay

 

[thelegalstop]

HiPappeol,

Thank you for your message - your employer cannot make any deductions from your pay, other than those prescribed by law (generally, your National Insurance, Income Tax, money collection authorised by Court or relevant Public Authority).

I believe, from what you have said, that you did not make any authorisation for your employer to deduct money off your wages for the purpose of training. There is also nothing in the contract that could imply so. If this is correct, then you are due your full payment, and their claim to deduct cost of training is unsubstantiated.

What you need to do now, is to inform them in writing how much they owe exactly, for which period (maybe present relevant worksheets as evidence of hours worked?) and that you did not make any authorisation for them to make deductions off your pay. You should also mention that you will seek legal routes to recover the money.

If they agree, then you'll get your funds, but if not, it may be necessary to go to the Employment Tribunal and make a case for unpaid wages.

Please do let me know if you need any help with drafting a letter. Also, you may want to use an affordable solicitor (not recommending anyone, but *hint* I'm one of them *hint*) to draft a letter on your behalf. This may actually be more efficient, as letters from lawyers usually have greater effect than emails from ex-employees.

This, however, does not imply that you cannot do it yourself - I'm just giving you the options.

Please let us know if you have any further questions, we'll be happy to answer!

 

[Pappeol]

Thank you so much for your reply I found it very helpful.

I'm just worried in case they dig their heels in and still refuse to pay. Are you able to help me with a formal letter?
Many thanks again

 

[Newchodge]

Contact ACAS. Tell them when you worked, what rate of pay you were on and that you haven't been paid anything. Ask for the form for pre-employment tribunal conciliation.

Write to your ex-employers. Tell them that, unless you receive full payment of all wages owed to you within 7 days you will be reporting them to the HMRC for the criminal offence of failure to pay minimum wage.

Do not pay anyone to do this for you.