underpayment - employer refusing to act.

[tink123]

Hi,

DH was underpaid last Friday by £600 before tax for overtime and £100 for travel expenses. - almost 25 of his wages.

He told employer same day but they are refusing to pay him until next pay cycle at end of this month as it is too awkward to calculate NI and PAYE.

Can they do this? Our bank has gone overdrawn because of this and he cannot travel far to do work as we don't have any spare money for fuel

that should be 25% of his wages

Is he in a union?

Or he could call acas 08457 47 47 47 for advice

They are of course in the wrong, but yes they can do this, purely because by the time your DH has been able to take any legal action open to him they will have paid him, making it pointless.

Technically they are probably in breach of contract if he's contractually entitled to be paid x amount on x day, but there's absolutely no point suing them. Similarly the relevant employment tribunal claim would be 'non-payment of wages', but they've made it clear they fully intend to pay him, so there's no claim there either.

They may not want to do calculations etc now, but can they give him a certain sum as an advance which they can then deduct back off again when they do it properly with next pay run?

same happen to my DH this month his was picked up 5 days before payday and he was told it would be corrected before payday. money went in, £1000 down, he was told the same they would correct next month now :-(

I would not be so dogmatic usually but I lost my job last week so it is a case of bad timing. Thanks for all the advice.

:(

Don't blame you - £700 is a lot by anyone's standards let alone having lost your own job.

can't they give him a sub on a/c of next months payment

I would ask for an advance loan in the interim period.

I would submit your bank charges as an expense. Also let your bank know immediately what has happened and ask them to confirm any charges that you may incur.

DH got a cheque for travel expenses and £100 cash advance, How Generous but better than nothing I suppose