To think my pay shouldn't be withheld

[NotSkinnyYet]

I have recently returned to work following being on sick leave pretty much the whole of March due to anxiety and depression. I received my pay slip yesterday as I'm due to get paid tomorrow and although I was expecting a reduced amount of pay due to SSP, noticed I was missing roughly a weeks worth of wages. My pay slip showed that for week 1 of the new financial year, which was last week, my pay had been deducted even though I was at work during this time. I queried this with my line manager who told me that I'd been paid for the bank holiday Monday, but that they had not paid me for last week this time as I was missing some hours due to a counselling appointment and that we would 'see where we are next time'. There was no discussion with me about this before I received my pay slip and work know that I am already struggling financially.

I had permission to attend the counselling appointment and with me currently being on flexi-time I have almost made this time back up this week. We're paid mid month and as far as I understand it it's roughly two weeks in arrears, two weeks in advance (1st to the end of the month apparently), but I'm feeling very confused after the 'explanation' given by my line manager regarding my pay and she didn't make it abundantly clear whether I'd receive the withheld pay on the next pay day in May. I managed to secure flexible working late last year and since then they've been a bit funny about my wages before and at the time I wrote a letter as advised by ACAS, which seemed to give them a bit of a kick up the bum. Now it seems like they're doing the same thing again.

I really can't afford for them to have taken last week from my pay, as my husband is currently suffering from severe depression and is only receiving SSP at the moment. I'm still feeling a bit delicate and don't really want a confrontation but I really need this money. Broaching the subject again today is the answer, I know, but how should I go about it? The pay for tomorrow will have already been put through the system they use and I don't think they can make any adjustments to it. Would I be unreasonable for asking them to pay me the money they owe me asap and am I being unreasonable to think that they shouldn't have withheld it in the first place?

That sounds illegal: ring ACAS.

I'm a bit confused, if you're paid two weeks in arrears then surely any time
you missed last week shouldn't affect this pay date?

Thanks text. I'm sorry the post is a bit jumbled, running on no sleep as I've been up with both my children who have chicken pox at the moment - glad you managed to make some sense out of my post. I think I will try contact ACAS this morning, as my line manager has made some other comments about my absence that I'm not happy with. I do feel like I'm slowly being forced out, so could do with talking to them. Thank you for your advice

It is very confusing googoo, I thought that too. If they weren't happy with the two hours I'd missed due to attending the counselling appointment then I would have thought that they would have just deducted those hours from the pay, but apparently not.

RE advice for constructive dismissal/discrimination don't you have to work for a company for a specific amount of time to be able to do this? I only ask as I've been with my company for 15 months and I was sure it was 2 years before you could do anything about things like this

You can't claim constructive dismissal until you have two years service and the reality is why on earth would you want to walk out of your job just because of a pay error? It would be an overreaction at this stage and a complete waste of your money.

Discrimination protection applies from day one but again, why would it be discrimination? You would need to take proper advice since the depression could amount to a disability but it has to be long term in order to qualify.

Anyway, this is very easily resolved. Its an unlawful deduction from your wages (assuming that you should have been paid for last week). Advise the payroll team that you require an immediate breakdown of the payment you have received so that you can see what you have been paid for and what has been withheld. If you have a shortfall, advise them that its an unlawful deduction from wages and that you are entitled to bring a claim unless it's resolved.

You may find that you've exceeded your SSP entitlement and so its to do with that rather than a withholding of payment for the time you have actually worked.

I'm an employment lawyer.

Yep, constructive dismissal and discrimination are both two years. If you get to then, you need to leave immediately otherwise it can be viewed as you "consented" to any changes. I desperately tried to stay on to the two year mark once but was told I'd essentially agreed to the ridiculous role change, so left before two years.

I'd maybe ask them to send you an email explaining their reasonin behind the docked pay, put in your email the hours worked and highlight your 'confusion', just so you have a paper trail if you need it. Hope you feel better soon!

Not discrimination!! Ignore that bit. Was c &p ing.

You don't have to leave immediately for constructive dismissal, but it certainly makes it harder to argue since constructive dismissal is you saying "my employer has breached my contract and made it such that I cannot possibly work for them any longer" which is a bit of a difficult argument to run if you have in fact hung about for longer.

Thank you for all of the advice.

Prepper - thank you, it is useful to have that knowledge. I'm would not leave over the issue with pay alone, I was curious with how it would work as someone had mentioned up thread about asking ACAS for advice on the issue. There have been other incidents in terms of remarks about my sick leave and flexible working over the past few months that I have not been happy with, but to be honest the whole place is pretty toxic. I am looking for another job a lot closer to home anyway, but obviously I need this one for the money in the meantime. I've definitely not exceeded my SSP entitlement. I was at work last week and should have been paid for it, there is no real reason why I shouldn't have been paid and my line manager couldn't give me one yesterday. I will ask for a full breakdown today. Am I allowed to ask for them to pay me the money that is missing with my normal pay tomorrow, or do I have to wait until next pay day?

• I would not leave - sorry, fat fingers!

SSP is not paid for the first three days that you are off, so could that be the reason why your pay is so short?

I'd back up any verbal request for your pay breakdown with a letter or email. Keep your own records of the hours you are/have been at work in case there is any confusion about you having worked short hours.
You shouldn't have to wait until next month to get your pay, although they will probably give you some flannel about 'the system not allowing it'. They could, at least, write you a cheque for the balance or do a bank transfer.