Ex employer withholding wages

(9 Posts)
indkee86 Fri 01-Mar-19 04:27:15

Hi, first time posting on here, so my ex employer was supposed to pay my last wage on 28/02/2019 but has failed to do so. When asked she has said she is deducting my wage for some equipment she said I have (I don’t have it) and then she said she is deducting money from my wage for damage to company vehicle, she has no proof I did the damage ( it’s a scratch down the side of the van) and she never said anything at the time of it happening. I never signed a contract so I don’t have that to refer to but can she do this?

OP’s posts: |
Longdistance Fri 01-Mar-19 05:04:43

No, she can’t.

Do you have legal cover with your home insurance?

You say you didn’t have a contract. How long did you work there for?

flumpybear Fri 01-Mar-19 05:18:00

I'd speak to citizens advice or speak to an employment solicitor you often get a free consultation anyway about getting your full wages back

Did you receive all your outstanding holiday pay too?

redexpat Fri 01-Mar-19 05:25:20

Speak to Acas

redexpat Fri 01-Mar-19 05:28:59

www.gov.uk/understanding-your-pay/deductions-from-your-pay Basicwlly no unless it says in your contract.

indkee86 Fri 01-Mar-19 05:39:50

I worked there for 6 months, I’m going to try ring citizens advice when it opens and see what they say. I don’t think I had any Hollidays to be paid for as holidays entitlement was from January to December and I left the on the 4th February

OP’s posts: |
indkee86 Fri 01-Mar-19 08:13:38

I didn’t have a contract 🤔

OP’s posts: |
prh47bridge Fri 01-Mar-19 09:51:01

You did have a contract. It may not have been written down properly but you worked there and they paid you. That means you had a contract. At the very least they should have given you written particulars of employment setting out your pay, hours, holiday entitlement, etc.

Based on your posts, you have clearly not consented to this deduction in writing. The only other way this deduction would be legal would be if there was a term in your contract authorising it and this had been explained to you. It does not sound like this has happened either. This is therefore an unlawful deduction of wages.

You should contact your ex employer, pointing out that this is an unlawful deduction of wages and giving a reasonable time limit for payment. If she refuses to pay you can either take this to employment tribunal (you have until the end of May to do that) or small claims (you have 6 years to do that). You should check your household insurance to see if it includes legal cover. If so, they should be able to help you with this.

flowery Fri 01-Mar-19 12:00:17

"I don’t think I had any Hollidays to be paid for as holidays entitlement was from January to December and I left the on the 4th February"

You would have accrued some holiday between 1 January and 4 February.

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