Employer withholding subcontractors wages

[Ralph123]

Hi all! I was just wondering if anyone could offer me some advice. Me and my brother recently worked for a company as subcontractors and all was going well until they decided to withhold mine and my brothers wages on the count that at some point a an incorrect wire was cut and they said that withholding the wages was to cover damages. I know for a fact I did not do this (I would have had a shock if I did and my drill would have been impacted). My brother has also stated to me and our employer that he did not do this. This incident supposedly happened through a week when there was myself, my brother and 2 other workers in the apartment (they worked for another firm but on same job). On the following Monday, when the cut wire was found, myself and my brother were off due to family matters. It's is at this point that we believe the blame was put on us as we were not there to defend ourselves. Our employer did not contact us to tell us what had happened and we only found out what had happened when I rang him to discuss absent wages. At this point he told us what had happened and that we could no longer work on the current site dispite us both stating that we did not do this. He did not even to bother to provide us with evidence that a wire had been cut until I persisted and in reply I got sent a generic picture which does not show exact locality of the wire. As neither myself or my brother did not 'own up' to something we did not do he decided to withhold both our wages. We do not know if the other 2 workers there that week were treated the same as who not have a contact for them. Is this legal or do we have some rights to claim what we are owed?

[Kati]

Re: Employer withholding subcontractors wages

tagging [MENTION=26290]mariefab[/MENTION] xx

[mariefab]

Re: Employer withholding subcontractors wages

I'm afraid that as you and your brother are subcontractors you don't have the statutory protection of wages enjoyed by employees.
Therefore, you need to look to the terms of the contract under which you are engaged to find out if the main contractor can withhold payments in these circumstances.

[Ralph123]

Re: Employer withholding subcontractors wages

Thanks for your reply. There was no written contract and verbally we only ever discussed wage pay rates and the job. We never discussed any reasons why they may withhold wages. As far as I am concerned I fully fulfilled my end of the deal as I done the work expected of me. They are withhold wages for no reason as I know they cannot prove I done it as I didn't. I would have no problem paying for my mistakes (via insurance) if they were were my mistakes but the fact I know it was not me is irritating especially when I have asked for evidence and they have not provided because they can't.