Non payment of wages & minimum wage (as an ex employee)

[Fernie2022]

Hi,

Sorry if I ramble. I had a shady employer who I didn't work for that long and deeply regret ever doing so, I have now worked out that they paid me a hourly rate of £9.36 instead of £9.50 in June whilst in their employment - my question is in some way can pension contributions be deducted from the actual £9.50? (I'm over 25 years of age)

I got another job but it is taking them 6 weeks to pay the first monthly pay because I started after cut off.

Because the Universal Credit loophole is in the background it had opened up when the ex employer didn't pay me what I would have been owed for July (it was a small amount about a week's worth of a wage) - I'm being called into the Job Centre under claimant commitment which is fine by me and I'd rather receive UC then get involved arguing with the ex employer over wages I firmly believe I will never get, I've had people say this is wrong and not what the DWP are for, but genuinely what happens to people who work for a company, who hypothetically lets say for example they don't return equipment on time and then are in dispute and have zero wages because it is all taken on the equipment costs?

We can't all go through ACAS for small amounts as in my case and all the time it takes? It's a real debate going though this and reporting minimum wage underpaid because the ex employer is just so difficult and really not the sort you have a calm chat with.

I'm struggling a bit to understand your position, but it's very simple as an answer. If you have not been properly paid, then yes, of course you can all go to ACAS for whatever you are owed. Why would you think you can't?

I should say though - have to actually asked the former employer for money you say they owe you?

So hourly rate is before tax and ni and in some cases pension gets deducted. So you can end up with less than national minimum wage in your take home pay. Whether pension is taken from gross pay or net pay depends on the pension scheme. They can't deduct from gross and leave your gross earnings below minimum wage I don't believe.

In regards to them deducting for something you owe them I believe this is allowed. So you can be left with zero net pay.

Hmrc will have had recorded your gross pay even if the employer then deducted everything from you for something you owed them.

Why would you think you can't?

Because the employer swears, loves an argument that they will win, is the sort to tell you to wind your neck in and is unprofessional in their dealings with all - they accuse customers with really genuine negative reviews of slander even ! it's part why I don't work there anymore. But I guess if they wanted to try the slander line with me, I can genuinely jump in with well HRMC is living proof you've haven't paid me.

Sadly I don't have body camera which I guess is my only way of proving time worked.

Thanks very interesting about the item owed situation, guess I just clutching at straws and I did wonder about the pension conts (which was the only decent thing in working for them) and I get why in final pay they may not want to have to pay this neither so it may well have been very easy in avoiding paying me anything altogether due to this reason. They've reported nothing for July through to HMRC if that makes sense.

I heard from Nest that my account has become closed which means they've also now generated a P45 from experience elsewhere, but which I've yet to receive.

I was totally mixed whether I just accept the UC situation or go down ACAS route as I can't receive two lots of income.

Apologies to now divert this thread slightly.

I’ve become aware the ex company are now under “regulatory attention” the Financial Conduct Authority have listed them as operating without their authorisation / no license, does this mean they are at risk of potentially shut down anyway?