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Employer witholding final salary

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  • Employer witholding final salary

    Hello,

    I have ended up here after googling my issues which are follows:

    Employment ended at previous employer on Dec 31st after handing in my notice as it became increasingly clear that the financial viability of the company was at best questionable. I worked an extra couple of weeks at the end through Christmas both to earn extra money and to assist my boss who was desperate as others had jumped ship for same reasons as myself.

    Today I should have been paid final salary along with a lot of overtime accrued in December. I check my account this morning and nothing, neither had I received a payslip which I normally would have 1 or 2 days before payday. I emailed payroll and HR this morning, and followed up with telephone calls this afternoon and nothing was heard until near end of business day when HR lady emailed me to say I have been reported to local police with regard to criminal actions and that my pay has been withheld! Could scarcely believe my eyes. On my last shift over Xmas I helped myself to a random bottle of plonk that was sat in an unoccupied part of the office which obviously is theft but surely not grounds for this!

    Can the employer do this - from what I gather on internet the answer is no - and what would the next sensible course of action be in order to get what I am owed?

    Would appreciate any help.
    Last edited by muppet100; 28th January 2020, 20:47:PM.
    Tags: None

  • #2
    Hi
    I'm not going to advise regarding the withholding of pay etc (leave that to Ula* ) but would advise that if the police contact you and wish to interview you, you only agree subject to the attendance of a solicitor, either your own or the free duty solicitor.
    This is your right and is only waived at your own risk.

    Comment


    • #3
      Did you have a contract of employment if so did you have any clause that covered deductions from wages?
      If so it would be useful for you to post it up here. Thanks
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      Comment


      • #4
        Thanks for the reply.* I cannot find the contract for life of me despite trying.* It was a run of the mill office admin job paying 30k p/a so unlikely to have any unusual clauses in it?* Regardless can my pay be withheld in its entirety?!

        Comment


        • #5
          In the first instance I suggest that you write to them and ask then to confirm in writing why they are with-holding all your pay. Also ask them why they have not notified you prior to with-holding your pay that they believed you had stolen from the company and what course of action they were taking.

          By doing this it will help in getting a better understanding of the company's thinking to with-hold all of your salary.
          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment

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