Ex-employer illegally witholding wages- Tribunal or Small claims court?

[lba40]

Hi All,

Just a quick question. Friends ex-employer illegally witholding wages. Is it a Tribunal or a small claims court route? There's a lot of conflicting advice on the web. The wages owed are £2500. He would be eligible for a fee remission at a tribunal. Could he claim injury to feelings(stress) at a tribunal but not at a small claims court? Is there a difference? Any advice would be appreciated.

Kind Regards,
Lba40.

[lba40]

Re: Ex-employer illegally witholding wages- Tribunal or Small claims court?

Think I just found the answer:
http://www.cipd.co.uk/pm/peoplemanag...o-justice.aspx

Hope this helps anyone else.
Lba40.

[Johnboy007]

Re: Ex-employer illegally witholding wages- Tribunal or Small claims court?

Hi,
There is legislation on what a company can or cannot deduct or withold any money.
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

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.