Employer withheld final 2weeks pay

[Livpie]

DH changed jobs leaving his previous employer on 12th September and starting with new employer on the 15th. His previous employer have not paid his last 2weeks work and before we approach them wondered if anyone had experienced this. He handed in his notice 5weeks previously which was accepted amicably despite the fact that his contract stated. 3months notice, DH shook hands with the director when he agreed DH's leaving date but no acceptance in writing.
We have heard rumours about the company doing this sort of thing before and not paying people their final month's salary
but never believed that in this day and age they would do it to someone who worked honourably up to his leaving date and trained up a new staff member to take over.
DH may be jumping the gun and they may have made a mistake but based on these rumours DH would like to know what his rights are before we go in making threats but at the same time don't want to fall out with them as DH may need a reference in the future.
They are a small company with a less than 50 employees so no real HR department as such but they do seem to take it personally when someone leaves.
Can we threaten to take them to a tribunal if they don't pay up? Our mortgage payment could bounce for all they know, we could end up overdrawn with bank charges if this doesn't get sorted by Tuesday.

Nothing constructive to add Livpie but I'm in the exact same boat.

Worked up until 6th September so was expecting nearly 3 weeks pay today. Checked my online banking and haven't been paid a penny. I too didn't work my full notice period, however I requested to be let out of my obligation to serve 4 weeks notice and do 2 instead which was processed just fine.

The only difference between our situations is that I worked for a very large multinational company I'm panicking now because my bills all come out at the start of the month. I shall watch this thread for any advice, just waiting for hr department to open so I can find out what's going on!

first speak to whomever manages payroll and ask them to clarify the payments that have been made.

Has the amount actually been withheld or is it drawback for taking too much holiday for example or season ticket loan?

Ensure that you do not go in threatening tribunals left right and centre as that will not help relations.

Ask at this point for clarification verbally and if you are still not happy or it is not clear what has happened then put your request in writing ask for a response and/or payment by a certain date.

Finally you may be able to take them to a tribunal for underpayment of wages however remember there are now fees for doing this…however ACAS maybe able to help you too.

hth

First step is to contact payroll and establish why it hasn't been paid.

How does your pay work? I was with one company, which did a weird thing of paying monthly, but it was actually two weeks in arrears and two in advance. (No, it doesn't make sense to me, either.) It's fine as you go along from month to month, but it does mean the last pay packet seems empty.

He should get paid on the 25th of the month, for example if you started on the 1st of the month you would be paid on the 25th for the whole month. He has taken 2days too much holiday on a pro-rata basis so I am expecting to see that deduction but he should still receive 9days pay as he worked11 days, there are no other deductions.
DH has emailed the director and asked if I can pop in this afternoon and pick up his payslip so will be interesting to hear their response.

I agree that you need to clarify things. Is pay paid in advance (e.g. You're paid on the 1st of the month for the coming month's work, rather than being paid in arrears)? Has your dh used his year's allocation of holidays but it's still early in the year, so he owes the company days (if he got 24 holidays a year, the holiday year runs from the 1st of April and he has used all 24 by September, then he'd actually only be entitled to have used 12 days - 24/12x6 months - so would owe 12 days back)? Had dh received an advance in the past, or any other money owing to the company (this would be deducted from a final payslip)?

Speak to payroll. If it does turn out that he hasn't been paid for days that he worked, and there is no valid explanation, then he can pursue them for the money. But be sure of the facts first.

In one place I worked, salary was paid currently, but all bonuses etc were paid in arrears. This meant that every final pay slip was made up of bonus only. Everyone always thought they had been cheated. It wasn't the case.

Liv, xpost :) I hope the payslip has the answers for you.

I think you can go to small claims court to recover wages, it is much cheaper to do this than go to tribunal.

Try to sort it out with the company, have they issued your dh's P45 yet? Usually that is done when all payroll has been finalised, so perhaps if he doesn't have this they are still calculating his wages.

As far as I know they cannot withold wages unless they confirm it is in lieu of holidays or other benefits which you have had too many of, and they usually provide you with a leter explaining any deductions from your final salary. If they haven't done this for your dh, and they cannot argue they have witheld it in lieu of notice, they would have to pay him what he is due in small claims court.