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Legal matters

late payment of wages

6 replies

Jayne35 · 22/07/2014 11:19

Hi, my DD started an apprenticeship at the start of this month and was told payday would be end of July, she has now been told this morning 'sorry but you have not yet been set up the payroll so won't be paid until August payday'. Which DD took as meaning end of August!

DD didn't say anything as she didn't really know what to say, I said she should have said that's not acceptable! Apart from the fact that she is going on holiday in two weeks and needed the money, can they do this??

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prh47bridge · 22/07/2014 12:45

No they cannot. This is an unlawful deduction from your daughter's wages under the Employment Rights Act 1996 s13. Your daughter could take them to Employment Tribunal. She should complain to her manager and HR pointing out that this is an unlawful deduction of wages and insist that they pay her immediately.

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HermioneWeasley · 22/07/2014 12:49

I would probably handle it slightly differently as she's probably keen to remain on good terms so early in.

I would simply go to payroll and explain that she needs the money and see if they can do a CHAPS or BACS payment for her July wages in advance of august pay run.

If they are reluctant then she needs to decide whether it's worth making a big issue over (assuming she has no reason to think they are trying to get out of payment)? Could you sub her for her holiday?

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Jayne35 · 22/07/2014 13:06

Thanks for your replies. Now that I have calmed down a bit I have suggested that she speak to them about their mistake, and suggest that they work out what she is owed then pay it as an 'advance' to be deducted when payroll is sorted and she can be paid properly. This way there should not be any bad feeling. I'm sure that most companies would offer an advance if an error was made. I will wait until DD gets home tonight to see what happened.

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Jayne35 · 22/07/2014 13:10

I can't sub her, very very short of money at the moment so really bad timing. If they don't advance her (little amount - minimum apprenticeship wage) it will be a disappointment.

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Jayne35 · 24/07/2014 11:20

Just wanted to update, they agreed to an advance. DD happy she has holiday cash now.

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HermioneWeasley · 24/07/2014 12:38

Great news, glad it all worked out

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