What is the basis of the allegation she is making that your partner owes money back to the club? Is there any substance in that?
It does not matter whether the club has the money to pay him or not, he is still liable to be paid. They have to get the money from somewhere otherwise non-payment of wages is actionable either through the employment tribunal or the County Court.
The same applies to you.
She cannot withhold money from his wages without his consent. If she alleges that he owes money for whatever reason, that is a separate issue and he must agree for that to be deducted from what ever she allege that he owes, before she can do so.
At this stage, if she is asked for a meeting, there is nothing to be gained by not attending. However he is not under a duty to attend , having already resigned.
If she simply will not pay, whatever her reason, then it is a case of threatening court action if that doesn’t work, actually issuing the Small Claims Court proceedings. She will then have to defend and counterclaim for whatever she alleges he owes.
Can I clarify anything for you?
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Legally, the money owed to the club and the money owed to you are 2 separate things. If they owe you money, you cannot simply keep the £570 to offset what they owe you in exactly the same way that they cannot keep any wages owed to you if they allege that you will then money.
However, that’s between you and the club, it shouldn’t affect your daughters payment.
Theft is the dishonest appropriation of property belonging to another with the intention of permanently depriving. You think that you were entitled to this money (albeit wrongly) and therefore, it is not theft. Would be different if you knew you were not entitled to hang onto it.
That’s not to say that she could allege that this was stolen and the police would then have to investigate in you would have to deal with that but it’s unlikely a prosecution would ensue because of the fact that she owes you money.
It is unacceptable and amounts to bullying. If you find it intolerable to work there any longer because of the late payment of wages and being removed from the database management, and you feel that you have no option but to leave, as you have been there for more than 2 years, you can bring a claim in the Employment Tribunal for constructive dismissal.
If they dismiss you for not doing the job as a result of her actions which resulted in the job not being able to be undertaken, then you have a claim for unfair dismissal
She would have to go through the normal disciplinary procedure and give notice in writing and reasons. If there is no formal disciplinary procedure in any employees manual, then the procedure has to be reasonable. That would include giving him the opportunity to put right whatever is wrong.
The differential terms for giving notice are unfairly weighted in favour of the employer and if you were only given one months notice, could probably sue them for the other two months.
After the first year, the terms would roll over.
Can I clarify anything further for you?
It’s an employment tribunal claim. You have to bring it within three months of dismissal. One day late and it will get thrown out so, if either of you are dismissed, make sure that you get on that case straightaway.