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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:
Bluntness100 · 28/11/2021 19:58

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!

She’d only been there three weeks and never told him she was pregnant.

LetHimHaveIt · 28/11/2021 19:58

It's not illegal to fire a pregnant woman. At all. It's illegal to fire a woman because she's pregnant. Different thing entirely.

CorrBlimeyGG · 28/11/2021 19:59

Your case is: he fired me whilst pregnant, it's illegal to do that. You'll win!

You know the law is far more complex than that, don't you?

Original poster
Tokyo21 · 28/11/2021 20:03

I was there 5 weeks but not 3 not sure where you got that number from. But yeah the dismissal is a whole separate issue. I’ll update this post tomorrow, hopefully with news that I got paid!

OP posts:
Bluntness100 · 28/11/2021 20:04

And yes even if she had told them, she could still be fired, it’s wholly possible to sack a pregnant woman,

Comefromaway · 28/11/2021 20:11

@Bluntness100

And yes even if she had told them, she could still be fired, it’s wholly possible to sack a pregnant woman,
It is, but you’d need a watertight case to show the pregnancy was not the reason.
Bluntness100 · 28/11/2021 20:16

It is, but you’d need a watertight case to show the pregnancy was not the reason.

Well in this case as she’d never told them she was pregnant it would be hard to prove it was pregnancy.

Comefromaway · 28/11/2021 20:18

She told them she was pregnant the day before they fired her.

Comefromaway · 28/11/2021 20:21

She probably wouldn’t get very much though as she found a new job fairly soon afterwards (unless the new job is lower paid or she’d have been entitled to SMP at the old job but only MA at the new one)

Original poster
Tokyo21 · 28/11/2021 20:23

@Comefromaway i should have been clearer in my post. I told one co worker I was pregnant the day before I got fired. I have reason to believe she also told my boss because since being fired I have been told by another co worker that she told them I was pregnant. So i feel like it’s likely my boss found out that same day but ofc I have no proof just a feeling. That’s why I decided not to let it go.

OP posts:
DrinkFeckArseGirls · 28/11/2021 20:24

I think the OP posted about the termination of her employment before. She did not tell the manager that she was pregnant, she told her colleague and the next day got let go. However she had already been cautioned about phone use at work so not clear why was she let go (pregnancy or the manger thought it would jot work out anyway).

Original poster
Tokyo21 · 28/11/2021 20:24

Oops meant to say let it go!

OP posts:
DrinkFeckArseGirls · 28/11/2021 20:24

X -post with the OP!

HermioneWeasley · 28/11/2021 20:24

@Tokyo21 what reason did they give for the dismissal?

Shedmistress · 28/11/2021 20:27

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

Or she could have just turned up on Friday and collected the wages?

Tribunals are very very hard to win. You think they will take this seriously then crack on giving poor advice.

Original poster
Tokyo21 · 28/11/2021 20:30

@HermioneWeasley mobile phone usage. The week before I got fired he saw me on my phone and told me that if it happens again then I’ll get sent home for the remainder of my shift and not get paid as a ‘punishment’. From then till the day I got fired, I left my phone in my locker to avoid any problems but he still used this as the reason and said he ‘regretted not firing me last week’.

OP posts:
EllieLucy · 28/11/2021 20:52

You can't fire someone just like that. You have to go through disciplinary procedures first. Generally verbal warning, written warning then fired. It's difficult to fire someone that's why so many shit employees still in their job!

Comefromaway · 28/11/2021 20:54

@EllieLucy

You can't fire someone just like that. You have to go through disciplinary procedures first. Generally verbal warning, written warning then fired. It's difficult to fire someone that's why so many shit employees still in their job!
You don’t HAVE to go through disciplinary procedures, especially if someone has only been working there a short time.

But if you don’t discrimination claims are harder to defend.

Skyll · 28/11/2021 21:27

@EllieLucy

You can't fire someone just like that. You have to go through disciplinary procedures first. Generally verbal warning, written warning then fired. It's difficult to fire someone that's why so many shit employees still in their job!
No you don’t. You don’t have to do any of that.

It’s best practice. But you don’t have to

Shedmistress · 28/11/2021 22:02

You can't fire someone just like that

Yes you can. And he did.

JudgeJudee · 28/11/2021 23:41

@EllieLucy, you’re giving an awful lot of incorrect advice on this thread.

Elieza · 29/11/2021 10:20

I too thought you did have to go through the appropriate procedures before you could just fire someone. Unless it’s gross misconduct OP. That can be instant.

But whichever it is you should get a letter advising you.

In this case she had only one verbal warning. Be interested to see what acas say. They’d be my next stop. Not only for myself but to protect others in future by teaching that horrible boss a lesson.

And if he can just fire the OP at least acas will give correct advice as none of us are experts in this field.

HermioneWeasley · 29/11/2021 12:43

OP the danger of posting on a general board is that you get lots of opinion but no actual specialism

I would think on the facts you described, you have a case for sex discrimination. Something odd had happened - a week after telling you off for phone use and after you told your colleagues about your pregnancy, your employer suddenly decides to increase your sanction to dismissal. I’d want a coherent explanation for that. In addition, he can’t just withhold your pay. Hopefully he’s now acknowledged your key and has paid you at least?

Original poster
Tokyo21 · 29/11/2021 13:21

Sadly not received anything as of yet. No message about the key or reassurance that he will pay me once he’s received it (if he’s not already) he’s read my message from Friday and not replied. I hate feeling like I’m hassling someone for something (even tho I know I’m rightly entitled to it!) I’m gonna give him till 5pm before messaging him again.

OP posts:
Elieza · 29/11/2021 13:24

I wouldn’t give him that long tbh.

It’s your money. You’re entitled to it. I’d be on the phone right now advising I have posted the key and will be in to collect my shit and wages by xx time today.

If he complains about they key he can keep a fiver deposit for it. Returnable when the post delivers it to him. But the rest is yours.

Have you gone onto acas’ website yet or contacted them?

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