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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48772
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am employed as a paye electrician. I am paid weekly and work

Resolved Question:

I am employed as a paye electrician. I am paid weekly and work 2 weeks in arrears. I recently had a letter from my employer stating that due to the pension scheme starting we would be going to be paid one week in arrears from April. Now instead of giving the employees the 2nd week in arrears pay that the company has been holding they have taken another week wages (this also includes a saturday overtime day and schedule of rates work) to balance it out. My employer now has 3 weeks of my money and I am paid weekly one week in arrears. To myself and many colleagues this seems very wrong. My question is how are they able to do this with out my consent and am I in a position to get money I have worked for back to me?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is the purpose of the employer holding 3 weeks' wages? Have they provided a reason?

Customer:

Hello Ben, not that we have been made aware of, the general mumblings were so they could tally up the new pension scheme.

Ben Jones :

Thanks. Without knowing the specific details and the reasons for withholding the money, such as the calculations they have done to try and justify that it would be difficult to actually say whether they can or can’t do that. I have seen it both ways – some employer could justify it, others can’t. Whatever happens, you will not lose that money and it will always be held in arrears by the employer, which means that if you leave the company you will get it back as it would be money owed to you by the employer. So whilst you may not be able to get it now that the payment system has changed, the money is not lost and will become payable in the event that your employment terminates in the future, whether it is through your choice or your employer’s.

Customer:

I would like to add that there have been several issues with the employer docking money without informing the worker first and several other maddening issues in the way they conduct business which is what has lead to a lot of mistrust. How would I be able to no if there justifications for holding the money are legitimate?

Ben Jones :

well first of all you need to check your contract to see what it says about that, then you need to get full details of their reasons and only then can you get an idea of whether they are legitimate or not. It is not really possible to say if they say X then you can challenge them or if they say Y then you can't - the possibilities are endless so one must look at the specific circumstances and deal with it that way

Customer:

Sorry to keep adding on, what has especially upset me is that is the week I worked a Saturday and had several hours accrued on our schedule of rates remedial works plan, if they keep the flat Monday to Friday weeks money am I not entitled to the extra work that I completed that week?

Ben Jones :

they should just keep your basic pay for the week, not the additional/overtime you have worked - there is no reason for them to keep these

Customer:

Thank you very much for your assistance it is greatly appreciated.

Ben Jones :

you are most welcome, remember you have the grievance procedure to raise a formal complaint if needed

Customer:

Thank you again, I will ask the questions and await the companies response.

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