Can former employer with-hold final salary payment in this scenario?

[bathsh3ba]

I finished working for this employer on 5 September. It was a fixed term contract. I didn't complete some work they'd asked me to do by the time I left. It was not written into my contract that I had to complete any particular task so as far as I was concerned, I'd left and that was that; I worked my hours and so was due pay till 5 September.

They are now saying they will with-hold my final paycheque for 1-5 September until I complete the work.

Are they legally allowed to do this? It's not a lot of money but I don't get paid for my new job until Monday and I would have been paid for this job on Friday. I'm already down to my last pennies and don't know how I'll get through the weekend if they don't pay it.

No, if you were an employee they can’t . It’s an unlawful deduction of wages and might put them in breach of min wage.

Entirely depends on what the contract says

How would you normally be paid? By time or by job?

Not that it matters, but why didn't you complete the work?

It's a standard employment contract so not tied to completion of any specific tasks. Nothing in the contract that I can see allows them to with-hold pay for this.

I didn't complete them because I would have had to work past my end date and time and I didn't want to as it was a horrible company.

Then both legally and morally they have no right to do this.

Just send them this.

www.gov.uk/understanding-your-pay/deductions-from-your-pay

Absolutely cannot withhold an employees salary. If you were a freelancer and didn’t complete a task you were brought in for then maybe.