I was an employee, I have a contract of employment, although as I am currently living in Spain I was invoicing them for my monthly salary and then paying all contributions here
Hi, sorry I was called into a meeting earlier before you managed to reply. You are correct that you must be paid for any time you have worked up to the termination of your employment. Even though you may not get the full pay, part of which may have become due only if you hit certain targets, you are still entitled to be paid any basic pay and by law you would be entitled to receive at least the National Minimum Wage (£6.31). However, anything you were entitled to under contract would take priority over this.
The employer’s failure to pay you what you are due would potentially amount to an unlawful deduction from wages, which is made illegal under the Employment Rights Act 1996.
In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the following options are available:
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thanks for the response, im due to be paid on the 28th, so i guess the best thing for me to do now is wait and see what happens next week, and if nothing on the 28th then with the information you have provided me with i can respond to him then.
yes that is the best course of action, you will only be able to claim the above if you have not been paid when the money became due so at this stage all you can do is wait to see what you actually get paid on the normal pay date.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Following your advice please see below the initial response from my lawyer to me regarding your with holding of my final payment.
Take notice that this email is the start of the 7 days, during which I will expect you to confirm the amount you will be paying me and when I will receive this payment within the next seven days.
Also please confirm what you want me to do with the laptop and also the handover you wanted to have taken place.
If I receive no response and no payment within the next seven days I will have no option other than to take legal action to recover monies owed to me as per the information stated below.
I do hope you will see reason and action the immediate payment and collection of the laptop so that we do not have to go down the legal avenue.
Hi, Thanks for your help before, the above is what I have just sent to my employer. Yesterday (28th) was normal pay day and I did not receive any monies at all.
Can you confirm if you offer a no win no fee service as well please?