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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:
Original poster
Tokyo21 · 28/11/2021 17:07

I sent the key in an envelope with a first class stamp. Don’t see why it would get lost in the post.

OP posts:
Viviennemary · 28/11/2021 17:08

It was foolish of you to post the key. Why did you not take it back personally when you knew thst being paid was dependant on its safe return. I don't know if your boss is within his rights to withold wages under these circumstances.

ThisIsStartingToBoreMe · 28/11/2021 17:09

@Viviennemary

It was foolish of you to post the key. Why did you not take it back personally when you knew thst being paid was dependant on its safe return. I don't know if your boss is within his rights to withold wages under these circumstances.
He's not withholding her wages. He will give them to her if she goes to him on Monday.
DriftingBlue · 28/11/2021 17:12

He likely doesn’t intend to issue the pay until he has the key.

If you just dropped it in a regular envelope, it is could be delayed and it may not even get there. Hard objects snag in the sorting machines and tear the paper.

Skyll · 28/11/2021 17:12

You know he’s a cunt because he sacked you once he realised you were pregnant.

Why wouldn’t you make sure the key was tracked or return in person to make sure he didn’t have further grounds to be a knob?

When were you due to be paid? Even if he released the payment Friday it might not be through over the weekend if he did so after 3pm.

willithappen · 28/11/2021 17:12

@Tokyo21

I sent the key in an envelope with a first class stamp. Don’t see why it would get lost in the post.
Lots of things get lost in the post and I'd be especially worried with the weather disruption's right now too. I'd have made sure I got proof of postage, 100%
Original poster
Tokyo21 · 28/11/2021 17:16

I now regret not getting proof of postage, I don’t have much experience posting things so I innocently assumed it would be okay. I just hope he doesn’t receive it and then deny he got it. I could of course go to collect my wages but I would have to take time off from my new job and travel an hour so it’s really not that convenient for me to do that.

OP posts:
Bluntness100 · 28/11/2021 17:18

@Tokyo21

I sent the key in an envelope with a first class stamp. Don’t see why it would get lost in the post.
Things get lost in the post regularly. Plus he can say he’s not received it when he has, you have know way of knowing. And on the flip side, he’s no way of knowing if you did actually post it if he doesn’t receive it, he may think you’ve lost it and just lied that you’d posted it.
Bluntness100 · 28/11/2021 17:19

@Tokyo21

I now regret not getting proof of postage, I don’t have much experience posting things so I innocently assumed it would be okay. I just hope he doesn’t receive it and then deny he got it. I could of course go to collect my wages but I would have to take time off from my new job and travel an hour so it’s really not that convenient for me to do that.
Why? Is he only open the exact hours you work?
roadwarrior · 28/11/2021 17:24

Call him on Monday morning OP. Royal Mail has a bad reputation but to be honest I think they're better than the rest. Since it's first class he should get it by Monday at the latest. Operate on the assumption that he's going to receive the key (if he hasn't already).

Comefromaway · 28/11/2021 17:26

It is withholding wages if the OP was not paid on the day they should contractually have been paid & it is illegal.

Your employer can only deduct the cost of the locker key from your wages if it was agreed in writing beforehand (usually in your contract).

I’d send an email saying that you have returned the key but you consider this to be an illegal withholding of your wages and if they are not received into your bank account on Monday you will be taking further action.

If the key doesn’t arrive they can pursue you for that, but they absolutely cannot withhold your entire pay packet because of it.

Then contact ACAS.

madisonbridges · 28/11/2021 17:32

The likelihood of the key being lost or delayed in the post is minimal. I'm sure it will already be at the office. I wouldn't get het up and worried about it. I'd also hang fire on emails and ringing ACAS, HMRC and a solicitor until you've spoken to him tomorrow and clarified the situation.

hodgeypodgey · 28/11/2021 17:46

@Comefromaway

It is withholding wages if the OP was not paid on the day they should contractually have been paid & it is illegal.

Your employer can only deduct the cost of the locker key from your wages if it was agreed in writing beforehand (usually in your contract).

I’d send an email saying that you have returned the key but you consider this to be an illegal withholding of your wages and if they are not received into your bank account on Monday you will be taking further action.

If the key doesn’t arrive they can pursue you for that, but they absolutely cannot withhold your entire pay packet because of it.

Then contact ACAS.

What @Comefromaway has said is right. Contact ACAS tomorrow and they can help you draft an email. They can hold your full wage for this
hodgeypodgey · 28/11/2021 17:47

Meant to say they can't withhold your whole wages for this

Elieza · 28/11/2021 17:50

I’d get onto acas about you being sacked for being pregnant too.

That employer sounds dreadful.

Skysblue · 28/11/2021 17:51

It’s illegal. (As is firing you for being pregnant.) An employer can’t deduct or withhold money from your pay without your written consent.

Threaten him with police and perhaps a threat to report his premises for breach of health and safety regs might get his attention. He sounds like someone who isn’t complying with the law in many ways…

Theunamedcat · 28/11/2021 17:54

Lockers come with more than one key the worst case scenario is he has to pay out for a copy of a key

No she can't just walk into her old job and steal from her old locker there would be too many people around most likely cctv unless the locker is on a street corner somewhere very rural people are going to see her 🙄

DrDreReturns · 28/11/2021 17:56

The key and your wages are separate issues. I don't see how people can't see this. You should be paid regardless of whether he has the key or not.

4yroldhelp · 28/11/2021 18:03

He can withhold a part of your pay if he hasn't got the key, only if you have signed something when you started, this is what we do with our staff.
He can't withhold it all unless your pay value comes to that which would it be reasonable to charge for a new key. He also can't withhold it if you didn't sign a document relating to keys or it isn't in your employee handbook/terms and conditions of contract.

Shedmistress · 28/11/2021 19:21

you will be taking further action.

Such as?

Wouldn't it have been much easier to have just taken the key round on Friday and picked the wages up?

All these people and their threats...not helping anyone here. He has said he would pay the wages when he gets the key back. If the OP didn't want to do this I'm sure he will pay up on the next working day. Threats and draft letters, get a grip. You are just fuelling the fire and nobody is going to come and arrest him, she'd have to take him to court so playing nicely at the stage is more likely to get her the damn wages.

DrinkFeckArseGirls · 28/11/2021 19:27

Were you an employee or a contractor?

Comefromaway · 28/11/2021 19:39

@Shedmistress

you will be taking further action.

Such as?

Wouldn't it have been much easier to have just taken the key round on Friday and picked the wages up?

All these people and their threats...not helping anyone here. He has said he would pay the wages when he gets the key back. If the OP didn't want to do this I'm sure he will pay up on the next working day. Threats and draft letters, get a grip. You are just fuelling the fire and nobody is going to come and arrest him, she'd have to take him to court so playing nicely at the stage is more likely to get her the damn wages.

It would be Employmebt Tribunal and usually a nicely worded letter showing that you know your employment rights gets you the money faster.

I helped one of our employees get his illegally deducted wages from his previous employer by helping him write an email setting out his rights.

SockFluffInTheBath · 28/11/2021 19:44

We’re getting post twice a week at the moment due to Covid hitting local staffing. If he doesn’t get the key until, say, Wednesday he’s not going to release your money before that. You were daft to not add tracking but it’s done now. Realistically you’ll get your money before any legal process kicks in, but maybe start it just in case.

EllieLucy · 28/11/2021 19:51

@Tokyo21

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.
Why let that go? It's totally illegal. You don't even have to argue your case. Your case is: he fired me whilst pregnant, it's illegal to do that. You'll win!
Comefromaway · 28/11/2021 19:53

He would have to put a very good case together showing that your pregnancy was not the reason for you being fired. The only-incidence of it being the very day afterwards would not be lost on a tribunal. You’ve got a very good chance of winning.

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