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Original poster

Ex employer withholding finally pay

97 replies

Tokyo21 · 28/11/2021 16:02

Hello all I’m looking for some advice on what to do about this situation with my ex employer.
When I stopped working there he told me to return my locker key, which admittedly I didn’t do. It completely slipped my mind. So when I was due my final pay on Friday he messaged me saying I am not going to pay you until you return it by Monday in person or by post. And if you don’t return it you will have to collect your wages in person.
I immediately searched for the key, found it and posted it to the place of work. I messaged him back saying I have posted it please release my payment but he still hasn’t responded. I don’t what he’s gonna do. It says no where in my contract that he cab with hold payment for this reason, I understand I should’ve returned the key straight away but it was an honest mistake and I have bills to pay I feel so uncertain on whether he’s even gonna pay me tomorrow or not.

OP posts:
insancerre · 28/11/2021 16:03

I would contact acas for advice

thecapitalsunited · 28/11/2021 16:07

I’d shop him to HMRC as this will most likely mean he falls foul of minimum wage regulations. Plus if he hasn’t paid you he might not have paid them either.

ThisIsStartingToBoreMe · 28/11/2021 16:09

It's the week-end so he's probably not at work. You'll have to contact him first thing Monday morning.

Shedmistress · 28/11/2021 16:11

When did you post it?

Bluntness100 · 28/11/2021 16:11

Why didn’t you take it personally to him? Did you at least track delivery?

ThisIsStartingToBoreMe · 28/11/2021 16:11

He did say that you could go there in person and he would pay you so I would do that. What time will the post arrive in the office on Monday? Did you send it signed for next day delivery? The problem with posting things is that they sometimes don't get there, or get delayed or caught up with xmas post this time of year.

In any case, you'll just have to go there in person for your wages.

Bluntness100 · 28/11/2021 16:12

He’s not going to pay you unless he has the key in his hand. He won’t believe you’ve posted it.

Shedmistress · 28/11/2021 16:12

I’d shop him to HMRC as this will most likely mean he falls foul of minimum wage regulations

I'm sure they will hop straight on that and...erm.

Wha do you think they will do exactly?

Catfog · 28/11/2021 16:13

It's the weekend, contact him tomorrow.

Original poster
Tokyo21 · 28/11/2021 16:16

He messaged me on Friday morning (the day I was supposed to get paid) I responded also on Friday morning and told him I posted the key. I posted it Friday morning first class so it should be there Monday hopefully. He said in the message i could post it so I did that bcos it was easier but I expected him to release my payment after seeing that message but he hasn’t. So maybe he’s waiting till he receive the post but that doesn’t seem fair.

OP posts:
amylou8 · 28/11/2021 16:16

He won't have got it yet, and might not until mid week depending on the post and how you sent it. He's being an arse over a key, but not much you can do for a few days yet.

FatBettyintheCoop · 28/11/2021 16:18

Threaten to take him to court for illegally withholding your wages.
One of my ex colleagues did this and he got paid an hour after they received the draft summons.

Original poster
Tokyo21 · 28/11/2021 16:20

I wouldn’t be annoyed if it wasn’t for the fact that this is the same employer that fired me the day after my work finding out I’m pregnant. I let that go because I didn’t have the energy to fight but him withholding my pay has really pissed me off.

OP posts:
Shedmistress · 28/11/2021 16:21

Threaten to take him to court for illegally withholding your wages.

Lol.

StillPerplexed · 28/11/2021 16:25

Not on. Go in on Monday and demand the wage. (Preferably with some big mates.) The key has nothing to do with it, he can't withhold pay, that's wage theft.

Once you have your wage, leave a review on Glassdoor warning people not to work there (especially for illegally firing you for being pregnant).

Bluntness100 · 28/11/2021 16:33

Op did you not even track it? Just posted it with a first class stamp? What if it gets lost in the post. What if he gets it and denies it? You won’t know he’s received it.

LetHimHaveIt · 28/11/2021 16:36

I think it was an enormous mistake to post it if you have no proof you did so.

Skyll · 28/11/2021 16:38

Did you get proof of postage?

StillPerplexed · 28/11/2021 16:45

I think you lot are missing the point. The locker key could be returned as a matter of courtesy (though honestly to hell with this boss), but it's irrelevant to the issue of pay. You can't withhold wages for that. He's just making excuses.

MrsFin · 28/11/2021 16:47

Replacement locker keys cost less than a fiver, so he is BU, but it's illegal for him to withhold your pay.
Him owing you and you owing him are two separate issues. He can't deduct anything from your pay. If he thinks you owe him any money he v has to persue that separately

Bluntness100 · 28/11/2021 16:48

@StillPerplexed

I think you lot are missing the point. The locker key could be returned as a matter of courtesy (though honestly to hell with this boss), but it's irrelevant to the issue of pay. You can't withhold wages for that. He's just making excuses.
It’s not really, if rhe locker is unusable and he needs to replace or get the locks changed, or he has a theft risk because she has the key then arguably he could withhold to off set his losses.

I hope th op has not just bunged it in the post, if she has it’s likely she can kiss her wages goodbye,

StillPerplexed · 28/11/2021 16:55

@Bluntness100 "arguable"? No. He has no legal grounds to do that, but might try to do that as a scumbag move. @MrsFin has the right of it above, pay mustn't be docked or withheld like that as a threat.

ThisIsStartingToBoreMe · 28/11/2021 16:57

He's not with-holding her pay, he has said she can come and get it on Monday.

Look, it's not just a question of a £5 key is it? He had to go out to work to earn the money to buy the locker, he had to go to the shop to get the locker then set it all up at work then get staff keys cut. If the key goes missing he has to spend his time chasing it up or leaving work, taking a financial loss, and getting another key. It's NOT just a £5 key, it's a huge inconvenience.

And because he's been inconvenienced through no fault of his own, he's passing some of that inconvenience back to the OP. And so would I!

madisonbridges · 28/11/2021 17:02

Whilst it's true the op's boss can't withhold payment, how is incurring legal costs to get money that she's most likely to get as soon as her boss gets the key going to help her financial situation? There's obviously bad feeling between them and the op already failed to return the key, so he's not going to believe she's posted it until he has the key in his hand. I'd feel the same as him. I would think, personally, if I was that desperate for the money, I'd have taken the key to his office and got my wages released on Friday.
I'd give him a ring Monday lunchtime and see what the situation is then.

Bluntness100 · 28/11/2021 17:06

@madisonbridges

Whilst it's true the op's boss can't withhold payment, how is incurring legal costs to get money that she's most likely to get as soon as her boss gets the key going to help her financial situation? There's obviously bad feeling between them and the op already failed to return the key, so he's not going to believe she's posted it until he has the key in his hand. I'd feel the same as him. I would think, personally, if I was that desperate for the money, I'd have taken the key to his office and got my wages released on Friday. I'd give him a ring Monday lunchtime and see what the situation is then.
This. I’m really surprised if she’s just bunged it in the post, hopefully not.