Hello,
This is a bit complicated but let's see if anyone can give me an answer for this!
I'm currently employed part time at 20 hours a week, and it's written in my contract that I receive payment in lieu on a monthly basis. The company currently has a 2 week cut off date, so currently they pay you for the 2 weeks you work per month, plus the 2 weeks they expect you to work (notice period is also 2 weeks) monthly. We've all just been told that in february the company will only pay ONE weeks wage and withhold three weeks pay so that the company can change to a new "clocking in / out system, where we're payed monthly for the full 4 weeks we've worked". However, this 3 weeks pay is going to be withheld until further notice and not given to us in our March pay. Therefore, I'll be working for 3 weeks for absolutely nothing.
Does this count as an unlawful wage deduction or breach of contract? I have not been notified of any change of wage payment in writing.
Thanks!
2007-01-12 10:53:45 · 8 answers · asked by justsomeboy 1 in Business & Finance ➔ Careers & Employment
thats a tricky one... personally I would demand the money in the march pay.
they have no reason to withhold it from you so ask for an explanation as to why its not going to be in the march wages.
2007-01-12 11:02:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I think you should speak to the payroll department to make sure that you've got that right, it sounds like a really strange way for a company to act.
If there are legitimate operational reasons for the delay in paying you then they should give you a clear statement of why that is the case and what they intend to do for any staff who incur bank charges as a result in the delay in payment.
The changes to payroll run date are not illegal as far as I can tell, but it does constitute an alteration to the terms and conditions of your employment, something they must consult you on.
I can't believe that a company would just choose to withold 3 weeks' pay and give no indication of when they will be handing it over (but then some would say nothing should surprise you about the strange ways companies operate).
If, once you've double-checked things, it really is the case that they're doing this then I would recommend talking to the citizen's advice bureau for further advice on your options.
The thing to remember is that their contract with you states that they'll pay you for the work you do (at present 2 weeks in arrears and 2 weeks in advance) and if they don't do this then they are in breach of contract.
2007-01-12 23:13:07 · answer #2 · answered by muppetofkent 3 · 0⤊ 0⤋
tricky
If its for a genuine business reason then they can get away with it probably. However it will probably not be seen reasonable to not pay you for three weeks. The trouble is, if you take action you may not feel able to work at the company any more...
I think it probably is an unlawful deduction of wages in which case you can seek remedy either in the County Court or the Employment Tribunal. Try consulting with your Company first to reach an amicable solution, if not then seek further remedy.
I would consult a solicitor, i work for an employment lawyer and am a bit unsure about this.
Hope you get it sorted out!
2007-01-12 11:06:50 · answer #3 · answered by button_mushroom_x 3 · 0⤊ 0⤋
Normally this type of change of contract has to be negotiated before any changes are made. Look carefully at the contract and see if any stpulations are made regarding payment.
Technically you wont be working for nothing as you'll just be paid later and no longer in lieu.
If you like you can email me your number and I'll check for you on Monday and let you have the definitive answer from the employment law manual.
I am currently a casework co-ordinator for one of the major public service unions and have extensive experience in this area.
Fergal
2007-01-12 11:04:03 · answer #4 · answered by fergal c 2 · 0⤊ 0⤋
You don`t say where you are !
If your in the UK then anything over 16 hour`s a week is classed as full time employment !
I would seek advice from your local citizens advice as this doesn't sound legal to me !
2007-01-12 11:11:04 · answer #5 · answered by charlotterobo 4 · 0⤊ 0⤋
Hmm, tricky one that - it might be worth a phone call to ACAS (telephone number in phone book). As far as I'm aware, they are entitled to make these changes, but I thought that you were entitled to more notice than this. Definitely worth pursuing.
2007-01-12 11:03:20 · answer #6 · answered by Rachael H 5 · 0⤊ 0⤋
most solicitors offer free advice on Saturday mornings, why don't you go to a solicitors for a free chat in the morning (it is Friday night now) or try your local CAB office (Citizens Advice)
2007-01-12 11:07:54 · answer #7 · answered by Jovi Freak 5 · 0⤊ 0⤋
By law they have to give you 90 days notice. You will get your 3 weeks wages refunded but at cost to you, direct debits default etc.Contact your union. No way they can do this. please let me know what happens. I fight for us workers rights.
You Emailed me but it won't let me reply to you. Try this link http://www.adviceguide.org.uk/index/life/employment.htm
2007-01-12 11:05:12 · answer #8 · answered by naplusultra 4 · 0⤊ 0⤋