Withholding pay *UPDATE*

[Cactus888]

Update

Company have agreed to pay me but not until next payroll can I still ask them to pay within 7 days? Why would they want to wait until next month?

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Hi I hope someone can help!

I worked for a company for a short amount of time and they haven't paid me.

The job was with an agency initially but I was actually employed by the company as their employee

I emailed the dates and the amount of pay I am owed as a grievance and this is their reply


' A considerable proportion of your time here was spent on training which we need to claim compensation for, and certainly would have outweighed the pay due.

Therefore we feel any grievance/claim should be directed to the agency '

So what do I reply to that? Nothing in my contract states anything about training etc.

Please help me they owe me money for when I worked

[paulajayne]

Re: Withholding pay

Was your contract with the agency? If so then it is them you have to deal with.

[Cactus888]

Re: Withholding pay

Contract is direct with the company who employed me. The agency just helped me find the job they did not employ me

[matt3942]

Re: Withholding pay

Hi [MENTION=72146]Cactus888[/MENTION] - just to confirm, you were not (at any point) an agency worker, i.e. you were never paid by the agency for work you undertook on behalf of the company?

Do you have a copy of the contract? If so please can you upload it here? Remember to remove any personal/sensitive information.

Kind Regards,

Matt

[Cactus888]

Re: Withholding pay

Never employed or paid by agency

Here is my contract....

Further to your interview on ??, I am pleased to offer you employment as a ?? on the terms detailed below.

This offer is conditional upon and subject to:

1. You being free to commence employment by no later than ??

2. The receipt of satisfactory references. It shall be our final decision to determine if such references meet our requirements.

3. Your provision of original documents from List A and B (as attached) which prove your entitlement to work in the United Kingdom.

The following items which were discussed with you at interview and which will apply to this employment are confirmed as follows:

1. Your basic salary will be ??

2. Employee benefits and incentive scheme will commence after trial period. These will include; training, lunches, on-site gym, and performance incentives.

3. You will be employed initially by (company name) for a three month Fixed Term Contract beginning on ?? and ending on ?? This will be followed by a review to discuss full time employment.

4. You will be employed initially on a three-month probationary period. During this period your employment may be terminated in accordance with clause [3.2] of the enclosed contract of employment]. Thereafter the periods of notice to terminate your employment are those set out in clause [13] of the enclosed contract of employment.

5. Your normal place of work will be ?? The Company has a contractual right to transfer you either permanently or temporarily to any of its establishments or other locations.

6. Your salary will be payable monthly in arrears by credit transfer and will be paid on the ??day of each month less deductions for PAYE and National Insurance. Details of any commission entitlements can be found in your contract of employment.

7. Your annual holiday entitlement is ?? working days paid holiday plus bank and public holidays in the complete holiday year, which runs from 1st January to 31st December.

8. Your hours of work will be ??However, due to the nature of this position you may be required to work additional hours should this be necessary to fulfil your responsibilities. No extra payments will be made for this additional time.


Other terms relating to sickness, pensions, grievance and discipline can be found in the contract of employment.

Should you wish to accept this offer please sign the enclosed copy letter and return it to me together with the names and addresses of two work-related referees by ?? Please note that the offer of employment will be withdrawn if we do not receive your acceptance by that date.

I look forward to hearing from you.

Yours sincerely

[matt3942]

Re: Withholding pay

Hi @Cactus888 - thank you for that. Is that the full document? It makes reference to your contract of employment so I would assume this is your offer letter.

Is there any reference in your contract to having to repay training costs on leaving the employer? You would have had to agree to this beforehand, and your employer would have had to provide you with a full breakdown of the costs of training, and what you would be expected to repay.

Assuming there isn't a reference to this, and you have never agreed to this separately, your employer is unlawfully deducting wages.

- Matt

[Cactus888]

Re: Withholding pay

I never agreed to or signed anything about deducting wages.

I'll send another email out tonight explaining this

Thanks again for your help