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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. |
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#1
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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 |
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#2
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"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 |
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#3
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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 |
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#4
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"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 |
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#5
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"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 |
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#6
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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?" |
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#7
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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 |
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#8
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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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