Anyone work in HR, I haven't received my final wage after leaving job

[hairfoilsgo]

Can anyone advise.

I left my job last week due to multiple reasons, how the place is run, how staff are treated, because we've been deducted pension from our wages but they haven't actually set up pensions for us etc etc

I didn't have a contract so I didn't give notice, they tried to say I did have a contract that I had signed and waved a copy of the offer letter signed by the manger at me

I know I am entitled to have any money due paid to me

So now payday has been and gone and I haven't been paid, what can I do and what can I write in a email to them to get my final months wages paid to me straight away

You went to work and carried out jobs for pay - even without signing a contract at you’re working under an implied contract.

however, you still need to be paid for accrued leave and hours worked. Call Acas and they’ll help you with a letter template to send them

If they bank with HSBC lots of HSBC accounts were affected by technical issues at the end of the week. How do you usually get your payslip? If you don't receive a hard copy, can you log in and access it online?

Contact ACAS or CAB for advise.

Definitely contact ACAS. They'll help you with what you need to say. When you do contact them, do it in writing so there's an evidence trail.

How long had you been there?

I don’t think there’s any letter which will make them pay you straight away. They sound like a small business so the reality is you may be waiting for some time. Depending on what you earn there are two possible claims - unlawful deduction of wages and breach of minimum wage. You can write explaining you’ve not received those and annual leave accrued but not taken and ask them to rectify immediately. If you don’t get satisfaction you can escalate by pointing out those two breaches (if NMW one applies) and say you’ll be taking action if you don’t receive your money. Your next step is an employment tribunal claim which might take up to a year to be heard.

It's a private school I worked for. Also will owe them money for fees for my child but that is two separate matters and I have no issues or No intentions of not paying them what is owed

That complicates things. Whilst they shouldn't conflate the two things unless there is a contract that allows them to deduct money for debt to the employer (which you suggest there isn't) given the length of time it is likely to take to action this, they may simply decide to sit it out and counter with "you owe us money so we've deducted it from that". As someone else said, employment tribunals are backed up forever, and the only other route (small claims court) would enable them to counter sue you for money you owe.

And how long have you worked there?

Was a notice period specified in the offer letter that they gave you? As you started working for them, I think that would be an implied contract and it would be assumed that you had agreed to the terms set out in that letter. Could they have deducted pay for your notice period on that basis?

2 years they money outstanding to them is like £300 were are not talking thousands and I had no intentions of not paying it which they knew.

As you say they are separate issues

You worked there for 2 years and left without giving them notice?

In a school which has to maintain staff ratios?

Why do you think they have a contractual obligation to pay you, but you didn't have any contractual obligation to them?

I didn't say I wasn't paying them and I fully intend to pay the full balance of what I owe when it's due, I'm waiting for my termly bill

But yes I do expect to be paid the full months wages of what I've worked

To be clear the original role I took was a temp role for 2 terms that's what offer later was for

I then needed up staying for 2 years doing all roles and hours and was meant to get a contract but that never materialised Like all the other teachers who work there are still awaiting on there's

No notice period in my offer letter it was just a letter stating hours and rate of pay, I have not signed a contract if any type

They can’t take fees from your wages directly, it’s a breach of NMW legislation

They can deduct debt (if their terms permit it) from a final salary. It's the one exception to the legislation. If contractually permitted / agreed in writing, an employer can even take the whole of a final salary, and still leave a person owing more if that didn't cover the debt.

You worked there two years? You therefore had to give one weeks notice. That's the law. If they had to bring in someone else to cover for your walking out without giving notice they are entitled to claim any additional cost against against you.

What you "expect" and what might be expedient are not always the same thing. You are equally in the wrong here, and ignorance of the law is no excuse. You were required to give notice and you didn't. They may make a claim against you based on that. They may make a claim against you based on the fees owed. Legally they may not be able to - but you would be no more in the right than them.

In any case, you are required to ask for your wages, and I can tell you now that unless they intend to pay, they can drag that out for many weeks and even months. Wanting it now and getting it now are not the same thing. So perhaps trying to ask nicely might help, although you may have burned that bridge already. But you have to. Ask in writing for your wages. If you don't get a response you must send them a letter before action giving a reasonable deadline to receive them - not less than 21 days usually.

After that you can either make a claim to the tribunal, or to a small claims court.

If your child is at the school, and if you owe them money, expect it to get very messy. It often does.