Missing Salary

[Missingsalary]

Have name changed for this and also posted in legal as wasn't sure where this best fitted.

My husband has recently changed jobs. He works for the NHS. On Friday 20th April he finished working for one NHS Trust and on Monday 23rd April he started working for a different NHS Trust.

Friday 20th was his agreed finish date.

Pay date for both NHS Trusts is 28th of the month. As 28th falls on a weekend he should have been paid today.

New Trust has paid him for a weeks work - great wasn't expecting them to sort this so quickly, actually expected him not to be paid by them this month and receive an extra weeks salary next month.

Old Trust - has failed to pay him anything - Missing approx £1500 for the work he has completed plus holidays.

When asked his old Trust have said that they have halted payment so that they can calculate final deductions?

They have had two months notice of the end date, agreed with him number of days holiday accrued etc.

He has previously been signed off from work with work related stress due to bullying from his line manager and there is a complaint being pursued via his union regarding the bullying.

He has spoken and emailed previous line manger, old Trust's HR and finance department and no one is taking any responsibility for trying to resolve this.

His union rep is on annual leave.

Can his old Trust with hold his final salary and if so for how long without detailing why? is there a breach of contract?

Any help with this would be appreciated. I'm currently on maternity leave and so this missing salary is going to cause some financial issues.

Thank you

If I were him I'd call ACAS. According to their website, "The Acas helpline number is 0300 123 1100. It is available Monday to Friday 8am-6pm."

”When asked his old Trust have said that they have halted payment so that they can calculate final deductions?”

Who is it who told him this- you say he’s spoken to his line manager, HR and finance? Did whoever it was give any indication of likely timescale? If it’s not forthcoming early next week he’d need to make a written complaint/grievance.

Whether it’s a breach of contract depends on what his contract actually says about salary payments, including anything about final salary payments. It might be, yes. But it would be unlikely for him not to get paid sooner than he could bring any kind of legal action.

Apparently a senior finance manager told payroll not to process his salary as they hadn’t determined final lease payment due from him on his car. It’s a couple of hundred pounds at most, much less than his final salary.

This finance manager Is now on leave for just over two weeks.

He’s managed to speak to the finance managers manager who has agreed final deduction in region of £200 but he’s unable to override the other managers decision as it’s only the other manager who has details of what the deduction should be.

His contracts states that any deductions in pay will be notified at least 14 days before the deductions are made. But doesn’t say anything about not being paid anything, just states that salary will be made on the 28th of each month or the closest working day before the 28th if the 28th falls on a weekend or bank holiday.

In that case he should ask for an interim payment of the amount the manager’s manager said, or just below, with an adjustment to be made later if necessary.

Thanks Flowery, he’s tried asking for an interim payment and has received an email from the managers manager advising that he’s not prepared to do this until he has had a chance to speak to the person he manages. They’re on leave for two weeks so no idea when this is supposed to happen.

In the meantime mortgage is due in a week, we can cover this by using a per agreed overdraft. Can we charge the costs back to the Trust who have ballsed up?

I would email/call the HR director and ask them to override the authorisation. They have had two months notice, no excuse for you to be left out of pocket.