Employer not payed me after leaving company due to injury........

[titch2k6]

Hi Legal Beagles,

Been a while and hope you are all well?

Need some straight-up advice on an issue I am experiencing with my ex-employer.

Long story short (need to understand the history of this). I injured my knee in February through a Skiing accident. In April, I suffered another accident on the same knee, which this time around, has resulted in some long term issues and I am now under Orthopedics and Physio. Due to current physical restrictions, I can no longer maintain my duties as a Field Engineer. My Company offered me an office administration job, but I have been unable to transition into this role and the company started to suffer due to my inexperience in this role. I was also taking too much time off work through knee related issues, specialist and physio appointments and also now face the possibility of surgery upon the knee. I took the decision to resign my position and concentrate on my recovery.

I gave my notice to the company on Friday 25th August, 2014 with the statutory 1 week notice as required under my contract of employment.

We were also notified upon this date that due to an issue with the company's banking group, wages, that were due to be paid in to employee's accounts on Friday 25th July, 2014 and for the period of 28th June to 24th July, 2014, had not been paid into engineer's accounts and hopefully this would be rectified by no later than Tuesday the following week. This was not considered to be an issue at the time and nothing more was said on the matter.

I returned to work on Monday 28th July where I was informed by my employer as there was no work for me under the company due to the situation with my knee, I could finish work that lunch time and owe the company 4 1/2 days worth of training (one of the roles I undertook within the company as and when required). I completed my task I was doing that morning and left the company at 12:30 that day.

I was contacted by the company late last week and asked to conduct 2 days of training on Thursday 7th and Friday 8th August, to which I agreed to do. I also inquired again at this point about my wages, which still had not been paid to me, to which no-one could give me a definitive answer to when the payment issue was going to be resolved. I sent the following email:

"Dear *****,

Please would you be kind enough to give me an update on the status of wages, as we are still showing no payment in, and I need to make the decision as to whether to freeze Direct Debits to protect us against applied bank charges as payments are due to start coming out."

I received no response from the employer.


On Tuesday 5th August, I had to attend a review of my knee with my local GP who signed me "not fit for work" under a statement of fitness for work certificate due to ongoing issues and the outlook of surgery on the knee. I informed my employer of this and regrettably informed them I would not currently be able to fulfill the agreement regards training at the present time. Again, I asked about wages owed and I was informed that this was in the hands of the Managing Director and I would receive an email on this.

Yesterday, I received the following email from my employer:

"Hi *********,

I am just waiting for Peninsula & Russell Payne to get back to me ref wages, as you have not completed your notice period and that was to be done this week they advised me to pay you after. However, now you will not be completing it I have asked for them to advise me on what to do. I suspect I will pay you less your sick and notice period."

My responding email was not so polite, as it seems to me they have withheld my wages intentionally upon advice from the HR company Peninsula & Russel Payne. I do not have an issue with the fact that I have sick days that will not be paid, nor the loss of my notice period, but I STILL HAVEN'T BEEN PAID almost 2 weeks after my payment due date.

My mortgage and two additional DD payments have now bounced as I could not cancel in time. If the company had been honest with me in the start about my wages, I could have made arrangements to protect myself, but am now faced with bank charges applied due to wages being withheld. I do not know where I stand legally, as the HR company has instructed withholding of my wages to my company (so they say), who has followed this instruction.

Any help and advice on this would be HUGELY grateful - even if it's advice to go see a lawyer, if I have a legal case(?)

[Johnboy007]

Re: Employer not payed me after leaving company due to injury........

Hi,
Right, let's get the important thing out of the way first.
The stopping of your pay by the employer.
Below is from the .gov.uk web site.

Your employer isn’t allowed to make deductions unless:

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
• you agree in writing
• your contract says they can
• there’s a statutory payment due to a public authority
• you haven’t worked due to taking part in a strike or industrial action
• there’s been an earlier overpayment of wages or expenses
• it’s a result of a court order

A deduction can’t reduce your pay below the National Minimum Wage rate, even if you’ve agreed to it.

If you work in retail (eg shops, restaurants)

Your employer can’t take more than 10% from your gross pay (pay before tax and National Insurance) each pay period to cover any shortfalls.
Example
There’s a shortfall of £50 in your till and your employer wants to deduct this from your earnings.
You’re paid £250 gross per week. Your employer can take 10% of your gross earnings, which is £25.
They must only take £25 one week and then make another deduction from your next pay cheque for £25.
If you leave your job, they can take the full amount owed from your final pay

If you haven’t been paid in full

Speak to your employer first to try to sort the problem informally.
If this doesn’t work, talk to Acas (Advisory, Conciliation and Arbitration Service), Citizens Advice or your trade union representative.
You have the right to go to an Employment Tribunal to get your money.

If you quit your job

Check your contract to see if your employer is allowed to withhold your pay. Normally you’re entitled to be paid everything you earned up to the point you finished.
If you’re forced to resign as a result of your employer refusing to pay you, you might be able to make a constructive dismissal claim in an Employment Tribunal.

This is to do with long term sickness...
From the same web site...


Long-term sickness

Employees who are off work sick for more than 4 weeks may be considered long-term sick. A long-term sick employee is still entitled to annual leave.
As a last resort, employers can dismiss an employee who is long-term sick, but before they can do this employers must:

• consider if an employee can return to work - eg working flexibly or part-time, doing different or less stressful work (with training if necessary)
• consult with employees about when they could return to work and if their health will improve

An employee can take their case to an employment tribunal if they think they’ve been unfairly dismissed.

So my friend, send your company a letter, or better still take it in person, stating the following.
Your name and address,
Date.
FAO; (name of CEO), (name of company).
I note that I have not been paid by (name of company), for work which I carried out in good faith, between (dates).
I would like to point out that (name of company) have acted unlawfully in stopping any money for work carried out by me.
It is also a breach of my contract of employment.
Therefore would you, as a matter of urgency, rectify this matter immediately.
Your notice period is still intact.
You have given your employer the required period of notice, and are not obliged to work it, if you have been declared as unfit for work by a doctor.
Hope this helps you, at least for the time being.
aw:

[lba40]

Re: Employer not payed me after leaving company due to injury........

Hi,
Further to JohnBoy's great advice above, I think if you were a member of the company's pension scheme and you met their criteria for ill-health retirement, along with a possible constructive dismissal, I think they were obliged to at least consider you for ill-health retirement, regardless of your age. If so then I think you may have a restespective claim for NOT considering you for ill-health retirement.
Good Luck.
Lba40.

[Johnboy007]

Re: Employer not payed me after leaving company due to injury........

Get your money first mate......