Withholding pay after resignation due to "browsing history"

[TXtay]

I worked for an employer for a very short time - 2 weeks out of any 'formal' employment contract where he agreed to pay me a cash equivalent (as if I were self employed), and then just over a week within an employment contract. He asked me to send him an invoice for the two weeks I worked out of formal contract, which I did, and he has acknowledged as received.

Yesterday, I resigned with immediate effect which was permitted within my contract as I had worked for him for less than one month, and I sent him both a letter of resignation and invoice. This was due to him berating me in front of another employee, questioning my integrity and ability to do the job. I considered this as a breakdown of trust (along with not being spoken to in the manner he did) so decided to resign.

He has replied saying he has received the documents sent, but is looking (with interest, apparently) at my browsing history on the computer I used, when I was "supposed to be working". He won't find anything illegal, adult related, or other such. I did visit sites such as Linkedin and Indeed. I was also subscribed to a couple of Facebook groups that were entirely work related, so I visited these on the odd occasion. There may be a few instances of BBC news, or Google Maps too. It should be noted that none of this 'browsing' was for any significant length of time, minutes at most.

He is now refusing to pay me until such time as he has spoken to this solicitor to see how to handle this matter.

Insofar as I am concerned, browsing websites he feels inappropriate is a disciplinary matter, and not a reason to withhold pay. Additionally, there was no obvious workplace policy in place to suggest I wasn't allowed to browse the Internet. No employee handbook was issued to me detailing any such rule. As mentioned, none of the sites I visited break any UK law.

As he is seeking legal advice on this matter, perhaps someone could offer me some?

[ULA]

I am trying to see if I have understood this correctly. You worked 2 weeks self-employed for which you sent in an invoice and then 1 week employed under a contract of employment.

If I am correct, which payment is being withheld?

[TXtay]

I am trying to see if I have understood this correctly. You worked 2 weeks self-employed for which you sent in an invoice and then 1 week employed under a contract of employment.

If I am correct, which payment is being withheld?

Both, but I am primarily concerned with the PAYE.
I can deal with the invoice through the small claims.

[ULA]

If there is no reason for your ex-employer not paying your salary for the week that you worked under a contract of employment then you can potentially make a claim for unlawful deduction of wages.

I would suggest that you email him (so that you have written trail of communication giving him 7 days to pay you the salary you are owed and your P45 and that in the event that this has not happened you will be making a claim for unlawful deduction of wages. You can then start the Early Conciliation process with ACAS. Hopeful your email will prompt him to pay you the money owing and in any event he will be aware of what your next course of action will be.

You may also want to add in to the same correspondence the start of the pre action protocol for the small claim for the invoice.

[TXtay]

If there is no reason for your ex-employer not paying your salary for the week that you worked under a contract of employment then you can potentially make a claim for unlawful deduction of wages.

I would suggest that you email him (so that you have written trail of communication giving him 7 days to pay you the salary you are owed and your P45 and that in the event that this has not happened you will be making a claim for unlawful deduction of wages. You can then start the Early Conciliation process with ACAS. Hopeful your email will prompt him to pay you the money owing and in any event he will be aware of what your next course of action will be.

You may also want to add in to the same correspondence the start of the pre action protocol for the small claim for the invoice.

Thank you. After corresponding with him further, and pointing out the legalities to him of withholding my PAYE salary (including letting him know he would be named as respondent in any legal action) he in actual fact paid both my salary and self-employment invoice in one foul swoop!

[ULA]

Great that is good news thanks for letting us know.