i was a contractor rather than salaried but they did pay PAYE and NI every 1st of the month without fail for the work i had donethey have dismissed me but are now refusing to pay me for some weeksthis feels that it is punishment and i dont believe they are acting reasonably could you tell me if i have a case ?
Province/Country relating to question: london
i have spoken to them many times to try and sort it but they believe that do to the reason i was dismissed they do not have to pay me until they wish to
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if your contract says they can withhold your pay for the reasons given?
in my contract it say nothing about withholding pay
Depending on your employment status, this would either be an unlawful deduction of wages (if an employee) or breach of contract (if self employed).
For the first part, an employer can only make deductions from, or withhold an employee’s wages in the following limited circumstances:
If the situation does not fall within one of the above exemptions the deductions will most likely be unlawful.
For the second part, failure to pay you as per the terms of your contract will be a breach of contract.
To resolve this, the employer should be contacted in writing, telling them that this is being treated as unlawful deduction of wages and request that the money is returned within 7 days of the date of the letter. Advise them that if that does not happen, legal proceedings could follow in order to recover what is legally owed.
If the employer does not return the money as requested, you can claim in the County Court – whilst this is not free, the time limit for claiming is 6 years. The claim can be made online by going to: www.moneyclaim.gov.uk.
thank you , so by them saying they will pay me but it would be up to them to when they pay me i should still contact them through writing saying it is treated as a unlawful deduction?
unlawful deduction or breach of contract, cover both possibilities. You are entitled to be paid as per the terms of your contract, or the normal pay day if nothing specific is mentioned
thank you very much
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Expert in UK Employment Law
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