Ex employer withholding finally pay

[Tokyo21]

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.

This is the fundamental issue, he’s told you he won’t pay unless he receives it, and by today either by post or in person. Choosing post meant choosing guaranteed delivery by today and tracked, popping it in a post box with a stamp on it gives you no recourse, he may have received it, he may not.

You can chase him again but I’d be asking did the key arrive. It’s once again a very difficult situation that could have been avoided.

This is the message he sent on Friday. From my understanding, he said to post it by Monday (which I did.) He didn’t say I can’t receive the payment until he has physically received the keys but maybe that’s what he meant. In that case, I hope Royal Mail is en pointe and delivers today.

Again, what has a key got to do with your wages?

Nothing.

It’s an aside matter. It’s not even an office door key. It’s a locker key. Your wages are way way more than the cost to recut it.

Are you in a union or do you have house insurance as both could come with free legal advice. Seeing as how you don’t seem to trust ACAS for some reason.

Why are you not pushing for more?

Go in for the cash collection as he advises.

I read that as by Monday’s post delivery but really you should just go and get your wages to make it easy on yourself.

Sorry I wasn’t clear. I read that as he wasn’t going to pay you at all until he gets the keys on the post on Monday when he will release the payment and if you don’t send the keys back to him by today your payment Will be marked as cash on collection and he will deduct the cost of the keys from the final payment (he may be allowed to do this if you agreed to this on your contract of employment)

Your wages are not subject to a locker key. If you agreed to it, he might be permitted under your contract to withhold the cost of replacing the key, but only if that doesn’t take you below minimum wage. You are entitled to be paid in line with your contract. Tell him to pay them into your bank account today

But whichever it is you should get a letter advising you

Where are you getting this from? What do you think happens if someone is sacked without a letter? Nothing. NADA. The employer can sack anyone for whatever reason they want at any time.

If an employee can prove they were sacked for reasons then it would be up to them to try and take the employer to a tribunal.

She's been there 5 weeks and had already been warned about phone use. Stop making her think she can take him for anything...she can't.

Have you rang acas?

He finally got back to me and it turned sour real quick. He basically told me he hasn’t received the keys & that he will deduct £20 off my wages or my payment will be for cash collection. He said ‘we will only know tomorrow.’ Not sure what that means. I then responded by telling him this does not seem like a fair to me, and that our contract states I will be paid via bank transfer and not by cash. I told him it is a massive inconvenience for me to collect them (which it is.) He responded to this message by saying ‘NO more messages!’ And his profile picture is gone so I think I’ve been deleted/blocked. Shortly after I received a message from a supervisor who works there basically telling me to return the keys and that I have to collect my payment in person. I told her I’ve already posted them and if she could please pay me via bank transfer but I’m still waiting on a response. What a disaster!

@Theunamedcat I haven’t spoken to ACAS about this issue yet because I thought it would be resolved today. I did call for advice regarding my dismissal and they told me to formally make a grievance against my employer but I haven’t done it yet. and would probable need some more guidance on what to include in this.

Op, just go and pick your wages up. He told you he will pay you but wants the keys and if you don’t return them then he will deduct the cost. Your op reads like he’s refusing to pay you that’s not th case, he’s just telling you to collect and if you don’t return the keys then he will deduct the cost

The bottom line is you could have resolved this by just going and dropping the keys off, at any time after you left, you knew you had to return them, and if he really hasn’t got them then he’s no way of knowing if you’re lying and have lost them and didn’t post anything.

Just go get your wages, he’s told you he won’t pay via transfer, so it’s on you now.

Honestly just go and get your wages.

Are you working tomorrow? Can you actually get your wages in person?

He really is being an arse about this

Don't go alone to collect your wages and make sure you have a good idea how much your owed minus the £20 he is determined to dock you

@theunamedcat I’m working till 6 tomorrow so I will have to go collect my wages after I finish work and it will take me 2 hours in total do this cus it’s an hour each way. Plus being 25 weeks pregnant with the new covid variant I wanted to avoid public transport unless necessary but I guess this is necessary I just wish he would’ve sent my wages instead but hey.

But he’s not going to send them op. So if you want your wages you need to go and get them. Stop texting them and just go and do it.

@Bluntness100 your right, I just need to accept it for what it is at this point.

Re the new covid variant, hardly anyone has got it so far. In a fortnight it will be all over the place. So if you want to avoid it the time to go would actually be now as there’s less chance of meeting someone who has it.

With regard to the £20 deduction I’d suggest they are illegally withholding it as you were not told about that when you joined. Again, acas could help you recover the money in the event the keys don’t arrive with them.

@Elieza Thanks for explaining that to me. I feel much better about taking the tube now.

Ugh what a dick

Seriously just ring acas in the morning find out if this is even allowed

You never signed anything saying he could keep money for a locker key..

Secondly- I’m not sure he can just make you come and collect an envelope of cash?

If you do take it in cash please ensure you get a payslip like usual and if you don’t then call Hrmc to make sure it’s all legit and that he’s actually paid tax etc on it

I really don’t think you should have to inconvenience yourself and go there.

Did you manage to collect your wages today?

Im presuming the answer is no, or the OP would have posted something?

OP what’s the plan? Did the key turn up? Did you get your wages today?