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uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden.

Final Pay From Employer



 
 
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  #1  
Old October 12th 06, 02:55 PM posted to uk.legal.moderated
Bouffont
external usenet poster
 
Posts: 2
Default Final Pay From Employer

Hi All,

I left my job under very "interesting" circumstances (long story short
I was bullied out of a job).

I recieved my final pay cheque and they had deducted 2 days pay. When I
enquired as to why this was there they informed me that it was a mixup
and that I was owed that back those days + 13 extra days I had
remaining on from my holiday pay.

The problem I have is they're refusing to pay them until the next pay
day, which is in a months time.

Considering they made a mistake here are they legally required to pay
me this now or can they get away with this treatment.

They're an very large global company and I would have thought
considering my leaving circumstances they would have helped me out but
they're not playing ball so I'm hoping I can tell them the situation
from a legal perspective.

Thanks for any help all

Tom


  #2  
Old October 13th 06, 12:20 AM posted to uk.legal.moderated
tim\(yet another new home\)
external usenet poster
 
Posts: 190
Default Final Pay From Employer


"Bouffont" wrote in message
oups.com...
Hi All,

I left my job under very "interesting" circumstances (long story short
I was bullied out of a job).

I recieved my final pay cheque and they had deducted 2 days pay. When I
enquired as to why this was there they informed me that it was a mixup
and that I was owed that back those days + 13 extra days I had
remaining on from my holiday pay.

The problem I have is they're refusing to pay them until the next pay
day, which is in a months time.

Considering they made a mistake here are they legally required to pay
me this now or can they get away with this treatment.


Whether this is legally correct of not, yes they can.
By the time you got a hearing to take action it will be next
month's pay day anyway.

Note that if they don't pay you next month you should raise
a formal greviance as you have a three month time limit to
initiate action for this non payment under employment law.
(You have six years under contract law, but that is more
effort for you).

tim


They're an very large global company and I would have thought
considering my leaving circumstances they would have helped me out but
they're not playing ball so I'm hoping I can tell them the situation
from a legal perspective.

Thanks for any help all

Tom





  #3  
Old October 13th 06, 12:50 PM posted to uk.legal.moderated
Mark Goodge
external usenet poster
 
Posts: 1,979
Default Final Pay From Employer



Bouffont wrote:

Hi All,

I left my job under very "interesting" circumstances (long story short
I was bullied out of a job).

I recieved my final pay cheque and they had deducted 2 days pay. When I
enquired as to why this was there they informed me that it was a mixup
and that I was owed that back those days + 13 extra days I had
remaining on from my holiday pay.

The problem I have is they're refusing to pay them until the next pay
day, which is in a months time.

Considering they made a mistake here are they legally required to pay
me this now or can they get away with this treatment.


They're legally required to pay it as soon as practically possible. But,
given that if you were to take any kind of legal action against them for
non-payment it would take a lot longer than a month to get your money,
the point is somewhat moot. In any case, they have a fair argument that
including it in the next scheduled payment run is as soon as is
practically possible. Having to wait a month is annoying, but there's
nothing you can really do about it.

Mark
--
http://mark.goodge.co.uk

  #4  
Old October 13th 06, 07:30 PM posted to uk.legal.moderated
Stuart A. Bronstein
external usenet poster
 
Posts: 1,362
Default Final Pay From Employer

"tim\(yet another new home\)" wrote:
"Bouffont" wrote

I left my job under very "interesting" circumstances (long story
short I was bullied out of a job).

The problem I have is they're refusing to pay them until the next
pay day, which is in a months time.


Whether this is legally correct of not, yes they can.
By the time you got a hearing to take action it will be next
month's pay day anyway.


So there's no statutory penalty for failure to pay wages when due?

Stu

  #5  
Old October 13th 06, 10:45 PM posted to uk.legal.moderated
tim\(yet another new home\)
external usenet poster
 
Posts: 190
Default Final Pay From Employer


"Stuart A. Bronstein" wrote in message
. 1.4...
"tim\(yet another new home\)" wrote:
"Bouffont" wrote

I left my job under very "interesting" circumstances (long story
short I was bullied out of a job).

The problem I have is they're refusing to pay them until the next
pay day, which is in a months time.


Whether this is legally correct of not, yes they can.
By the time you got a hearing to take action it will be next
month's pay day anyway.


So there's no statutory penalty for failure to pay wages when due?


One might be able to ask for interest at a few percent above base
(per annum). Not really worth the aggro unless the amount owed
is several thousand

tim




  #6  
Old October 13th 06, 11:30 PM posted to uk.legal.moderated
Mark Goodge
external usenet poster
 
Posts: 1,979
Default Final Pay From Employer

On Fri, 13 Oct 2006 19:30:07 +0100, Stuart A. Bronstein put finger to
keyboard and typed:

"tim\(yet another new home\)" wrote:
"Bouffont" wrote

I left my job under very "interesting" circumstances (long story
short I was bullied out of a job).

The problem I have is they're refusing to pay them until the next
pay day, which is in a months time.


Whether this is legally correct of not, yes they can.
By the time you got a hearing to take action it will be next
month's pay day anyway.


So there's no statutory penalty for failure to pay wages when due?


No. It's a civil contract, so not a matter for criminal law. Employees
are well up the list of priority debtors if an employer becomes
insolvent, so they are protected by the law to some degree from the
results of a failing business, but it isn't illegal for a company to
defer payment of salaries.

Mark
--
Please help a cat in need: http://www.goodge.co.uk/cat/
"Wouldn't you love somebody to love?"

  #7  
Old October 14th 06, 12:50 AM posted to uk.legal.moderated
Stuart A. Bronstein
external usenet poster
 
Posts: 1,362
Default Final Pay From Employer

Mark Goodge wrote:
Stuart A. Bronstein:

So there's no statutory penalty for failure to pay wages when due?


No. It's a civil contract, so not a matter for criminal law.
Employees are well up the list of priority debtors if an employer
becomes insolvent, so they are protected by the law to some degree
from the results of a failing business, but it isn't illegal for a
company to defer payment of salaries.


I wasn't thinking about criminal penalties. But the UK has protections
for workers - apparently someone can't be sacked without cause, for
example. So I'm a little surprised that the law doesn't provide some
civil penalty (payable to the worker) for failure to pay wages when
due.

Stu

  #8  
Old October 16th 06, 06:55 PM posted to uk.legal.moderated
Bouffont
external usenet poster
 
Posts: 2
Default Final Pay From Employer

Bouffont wrote:
Hi All,

I left my job under very "interesting" circumstances (long story short
I was bullied out of a job).

I recieved my final pay cheque and they had deducted 2 days pay. When I
enquired as to why this was there they informed me that it was a mixup
and that I was owed that back those days + 13 extra days I had
remaining on from my holiday pay.

The problem I have is they're refusing to pay them until the next pay
day, which is in a months time.

Considering they made a mistake here are they legally required to pay
me this now or can they get away with this treatment.

They're an very large global company and I would have thought
considering my leaving circumstances they would have helped me out but
they're not playing ball so I'm hoping I can tell them the situation
from a legal perspective.

Thanks for any help all

Tom


Sorry to reply to my own mail but thanks for your input all. I'll wait
until this coming payday and see if they pay up!

thanks

tom


 




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