School wont pay me!

(44 Posts)
mosaicone Wed 27-Aug-14 10:49:40

Really quickly if I can....
I have worked for local government in a few schools (cover supervisor) for 8 years now, it is continuous service.
I recently quit a job after 7 weeks, because I got a super fab new one much closer to home. When I told the head he was horrible to me, really intimidating, accusatory and then froze me out, didnt mention me in the leaving staff do etc.
Anyway, big girl pants, got through the last few days, having handed in my notice AS OF 1st August. Not ideal for them but had it been a working month I would still be there right?
I get paid pro rata so that I get paid ALL year and having not had a break from the same local government service in 8 years I rightly assumed Id be paid this month.
The head then instructed the HR dept to not pay me... I spoke to them and they said although he is wrong, unless he gives them the green light, I wont get paid and will have to go through mediation and then a tribunal.

I got legal advice from my father who was the Head of legal services for schools in our county (retired 2 years ago) and he said it is indeed illegal for the head to do this.

Anyone had an experience like this?!?!?

Mostlyjustaluker Wed 27-Aug-14 10:51:55

Are you a member of a union? If so speak to them.

Did you give the required notice period?

Is it an academy?

Have you spoken to your union?

mosaicone Wed 27-Aug-14 10:55:34

Yes I gave the required notice, no its not an academy, no Im not blush - im mortified, I knew one day I would need to be, I pathetically never got round to it :'(

Llareggub Wed 27-Aug-14 10:55:37

Don't panic - speak to the most senior person in HR you can find. Payroll/HR admin people will not have the authority to sort this - or indeed the knowledge of the law. You need a HR manager or HR business partner! depending on their job title. There will be one for schools but try the head of HR first.

PausingFlatly Wed 27-Aug-14 10:56:55

You've probably already got the best advice possible at your shoulder.

But if you want more...

Do everything in writing.

Write to HR setting out clearly what's happened so far and repeating that they've told you you'll have to go to mediation and a tribunal. State that you will of course be pursing this through the full process until you do get paid, and that you will also be seeking costs.

An Employment Tribunal will roast them, and they know this. They'll pressure the head (or Governors).

And do actually start the process - don't waste time.

mosaicone Wed 27-Aug-14 10:58:01

Thanks. They advised me to phone him - he was so horrible and intimidating I just cant, so they said to email him. I copied in the chief of governors and HR and the business manager at the school, quoting the terms and conditions of my contract, and also that I had sought legal advice. I hope thats enough. No one disagrees with me (other than head teacher) so I hope that it will get sorted.
Hes in a lot of bother at the moment, he wont appreciate this on top of everything....

What pausing said.

I'd also contact your councillors - just copy across the email you send HR (you can tell them you're doing that). That sometimes makes people behave.

I'd copy it to ofsted too - it won't look good on his leadership and management judgement!

paddlenorapaddle Wed 27-Aug-14 11:01:40

Speak to acas to get the process started we are in the middle of this at the moment

People can be really vindictive when you leave

Kimaroo Wed 27-Aug-14 11:03:27

Of course you're right. The pay you normally receive in August is effectively payment for work done throughout the school year but smoothed over 12 equal payments. So how he can withhold it is beyond me. How childish. Why is it up to him though? Don't County pay you?

mosaicone Wed 27-Aug-14 11:04:23

Thanks I will call ACAS today.
The school is in special measures, god knows what Ofsted would think of this!!!
He was so vile to me before I left, I had cause to complain then.... I didnt cos I thought "oh well Im out of here...."

mosaicone Wed 27-Aug-14 11:06:58

Yup, county pay not the school - I effectively work for the county council, not HIM. He has no right to do this and I think from what HR could tell me, hes been advised this.
I havent heard back from him but ooooh anything he writes will be evidence. Though he cant be THAT stupid, I imagine hes consulting HR again as we speak.
Thing is even though I desperately need it it isnt the money its the principle - I worked ALL year, I am entitled to all year's pay!!
I missed 2 days work when they employed me as they didnt get their fingers out and sort by DBS in time, I will mention that, the stress he caused me when I was there AND since then.
My bills are covered but that money is everything else for the month, food, petrol (I have to drive 10 miles to my new job), and my LO's birthday sad

DownByTheRiverside Wed 27-Aug-14 11:12:36

If he does phone, to avoid giving you written evidence, follow up his call with an email, restating exactly what he said, before you form your response.

LadySybilLikesCake Wed 27-Aug-14 11:17:01

My household insurance covers legal help, so it may be a good idea to look through your policy. I don't think you've been there long enough to qualify for help from an employment tribunal, you need to have worked there for 2 years unless it's a claim for discrimination or harassment I believe. You could take them to the small claims court though.

PausingFlatly Wed 27-Aug-14 11:17:04

^ What Riverside said.

If for any reason you feel you don't want to email him after a call, keep a call log: who you spoke to, when, what was said.

mosaicone Wed 27-Aug-14 11:21:07

Ah. I didnt realise that about the tribunal :s so maybe thats why hes doing it - he knows I cant?
Thats a bit double bloody standards though, Ive worked for the same council 8 years!
I will be logging everything. Though I expect he will ignore me, but I dont think the Governors will.

IDontDoIroning Wed 27-Aug-14 11:23:58

If he is as bad as you say and the school is in special measures then it is possible that the county is giving him enough rope.......
Anyway you are contractually owed your pay - they are in breach of contract if you are not paid what you are contractually owed.
I very much doubt the county will let it go to a anywheres as far as a tribunal as they won't really want to spend any time or money or legal costs as it's an open and shut case in your favour.

Write as follows recorded delivery to the school and to the county possibly copy in chair of governors who is ultimately your employer anyway.

Dear mr dickhead
I write in connections with our recent discussions.

You are aware that I have worked as xyz post continuously since xx date and as of xx date I have submitted my resignation with the required notice period of one month.

You have given me to understand that you have instructed the payroll section of abc council to withhold my salary due on x.x.2014.

I am writing to advise that unless this is paid to me on the due date I will have no other course of action than to take the necessary legal action for breach of contract against you, the governing body and abc council for this failure to pay me the salary which I am legally owed.

I look forward to hearing form you by xpm otherwise I will instruct my solicitor to commence legal action.

Yours

LadySybilLikesCake Wed 27-Aug-14 11:25:04

I'm sorry sad It used to be a 12 month qualifying but they have just changed it. Also, people now have to pay to go to a tribunal, which is unfair.

Contact the Governors, then go through the small claims court. Do check your household contents policy for legal assistance though.

PausingFlatly Wed 27-Aug-14 11:34:00

I wouldn't include the stress he caused you while working there, in your claim for being paid.

It's irrelevant and distracts from the simple issue of not being paid. (And wrongly makes it look like your claim is about a personal issue.)

However, it would be perfectly reasonable to be clear that that your work dates don't match term dates, due to the lack of DBS (and that you submitted your side of the paperwork on time).wink

Kimaroo Wed 27-Aug-14 12:08:50

When you left your previous job did you get money owing to you that you had accrued? I'm wondering if you have already been paid the actual hours you have worked at this job as it's only been seven weeks and aren't owed another month's pay packet.

mosaicone Wed 27-Aug-14 12:19:47

Idontdoironing - thats very similar to what I have written smile

Nope I have just had continuous pay, no extra at any point.

IDontDoIroning Wed 27-Aug-14 13:05:49

Regarding a tribunal - this isn't employment law it's breach of contract so depending on the value OP could go to small claims court,
The 2 years I believe is for unfair dismissal which isn't relevant in this case as OP had resigned.

It's simple the OP and the school have a contract (of employment but that's irrelevant) ie OP gives them her time and expertise and they pay a pre agreed amount.

OP has delivered her part and HT is refusing to do his.

So I think it's just breach of contract

Mandyandme Wed 27-Aug-14 13:28:20

As I understand it you are being paid by the council, then surely it is the council who need taking to court. From what you say your contract is with them.

I do not see any need to get the HT involved. If there is a problem with him then it is up to the council, who I presume is also his employer, to deal with him not you.

I would be writing to the department where your salary emanates from stating that you expect the money to be deposited in your account forthwith and any delays you will be adding interest at xx% each day that passes.

mosaicone Wed 27-Aug-14 13:37:26

Well yes but theyve been instructed by him?!?! I dont understand how he can though.

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