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HELP! Company withholding wages after resignation.

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  • HELP! Company withholding wages after resignation.

    Hi guys.

    ill try and keep it short.

    BASICLY I'm acting on behalf of my girlfriend whom has resigned from her position, her last day of work will be 4 days after she is legally entitled to employment rights, however she will be paid on the day before this happens.

    She resigned after being assured that she would be given a promotion and then the individual whom they was attemping to sack to open up the position was cleared of all misconduct and returned to duty. In this time my girlfriend was given 2 jobs to do in their absence.

    so, she has resigned and given her 1 months notice and then unfortunately fell ill. The doctor signed her off with a viral infection for 2 weeks.

    in this spell of illness a letter has come through letting her know that they will be withholding her pay on the grounds of now following procedure properly. They suggest she didnt ring in for the 3 days before issueing the fit note even though our statementd on our network providers say otherwise.

    however they attempted to gain leverage by saying that i was unable to talk on her behalf whilst incapacitated ect. However it clearly mentions in her handbook that I can!

    the unioj is involved but has suggested we talk to HR and let them deal with it but today I urged her to ring accounts up to find out how much she is likely to get paid and they appear to be following through with the plan as she is apparently only entitled to SSP and not the full contractual pay as stipulated in her contract.

    we have sent a letter to her gaffer and HR with the proof we rang in and sited the relevant claused of the contract to vindicate her conduct but they are not budging.

    what do we do????

    thanks in advance guys!
    Tags: None

  • #2
    Did she speak to anyone when she rang them? If that is company policy they can stop company sick pay and only pay SSP. She could lodge a grievance in relation to the promotion as well as the stopped sick pay.


    • #3
      Hi. It says in her handbook that somebody can talk on her behalf if she isnt able to talk herself.

      In theletter we sent in response to their initial correslondance, we reitterated that she had a history of mental health that was documented within the company and expressed that she had declined in mental health as a compounding factor of her illness.

      This appears to remain quite ambiguous and it is one of the things the company is attempting to capitalise on. Also they appear to have omitted the fact that we rang the duty managers phone on several occassions that can be verified by ours and theirs network provider. Of which we have sent a SAR to HR to try and persue.

      The clause they are using represents a failure to comply with company procedure.

      Whilst talking on her behalf i was fortuitous and had rang the deputy manager of her company and said that she was unable to talk but didnt say on which grounds.

      Please ellaborate on the promotion greivance,


      • #4
        Further to your question, yes she did talk personally to the duty manager on one occassion.


        • #5
          Anybody have any more input??


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