Salary being withheld - Informed by Text!
Discussion
I'd suggest a reasonable approach all round - for any employer in the situation as described by the OP - would be to pay now and claw back later after behaving appropriately (including discussion between employer and employee, which has clearly not happened here 
). Everybody's then happy(ish)... 
Not surprised to hear the school involved is an Academy (cynic that I am
) and outside LA control . I assume that the OP's wife wasn't TUPEd from the old place? Even if she was, the employer can start eroding changing working conditions after 12 months (from memory) post-TUPE.
And a payroll dept/accountancy firm (I have worked for a GP who had his accountant pay our wages, not saying that this is applicable here) that can stop a wage payment at a couple of days' notice??? Someone's having a giraffe, I'd respectfully suggest
.
Ditto someone sending a text at the weekend as described ... They're 
!!1!
). Everybody's then happy(ish)... Not surprised to hear the school involved is an Academy (cynic that I am
) and outside LA control . I assume that the OP's wife wasn't TUPEd from the old place? Even if she was, the employer can start And a payroll dept/accountancy firm (I have worked for a GP who had his accountant pay our wages, not saying that this is applicable here) that can stop a wage payment at a couple of days' notice??? Someone's having a giraffe, I'd respectfully suggest
. Ditto someone sending a text at the weekend as described
... They're !!1!
aw51 121565 said:
And a payroll dept/accountancy firm (I have worked for a GP who had his accountant pay our wages, not saying that this is applicable here) that can stop a wage payment at a couple of days' notice??? Someone's having a giraffe, I'd respectfully suggest .
As the OP's other half needs to respond by 2pm tomorrow it suggests that the BACS file is being sent tomorrow, so that everybody will get paid before end of the month. Wage payments can be amended any time up until the submission of BACS file. . johnny fotze said:
Sorry if my answer seemed a little short. Unfortunately far too many people think they don't need a union, only to discover too late that their employer isn't a benevolent philanthropist who pays them because he likes their smile, but is actually a predatory pervert with no qualms about bum raping them as soon as the bean counter says there's a quid up there. Anti union legislation means the union has little chance of stopping this, but will use the law to get your quid back.
Most employers have no interest in bum raping their employees. Many manage perfectly will without the brothers having anything to do with it. Edited by johnny fotze on Sunday 22 December 17:31
barker22 said:
Has she sent a swift reply text back outlining her rights and pointing out that they are not allowed to withhold wages.
I did indeed (see below)All (addressed to Head, HR and line manager also Union Rep)
Please note I have just received the following text message from xxxxxxx.
yyyyyyyy your salary is now on hold until you given me a Dr certificate. I've checked it is not illegal. Therefore please goto your Dr tomorrow. U may need to pay for one. I must have it by 2.00pm tomorrow for me to release your salary. Mo
I have been advised by my Union representative that this is in direct contravention of UK Employment law and the employment contract I had with the school.
Please familiarise yourself with the following (Link)
Getting the most out of the fit note Guidance for employers and line managers
https://www.gov.uk/government/uploads/system/uploa...
Most relevant is this sentence on page 3
“If your organisation requires medical evidence for the first seven days of sickness absence, it is your responsibility to arrange and pay for this.”
Please also refer to section 16.4 of the School’s own Attendance at Work Policy and Procedures which is in line with Government guidance.
I think it is in the best interests of all parties that my salary is paid on time and in full.
Regards - yyyyyyy
aw51 121565 said:
....
I assume that the OP's wife wasn't TUPEd from the old place? Even if she was, the employer can starteroding changing working conditions after 12 months (from memory) post-TUPE.
...
Changing an LEA school into an Academy would often involve a TUPE transfer.I assume that the OP's wife wasn't TUPEd from the old place? Even if she was, the employer can start
...
The twelve month point is an urban myth. The question is not how long after the transfer a change occurs, but whether the transfer is the reason for it.
I only mentioned TUPE as an aside. The outsourcing will usually be subject to TUPE. Any claim against the employer will transfer to the contractor, and, incidentally, I imagine that the contractor won't be best pleased to be landed with the claim that will arise if the outgoing employer persists in its unlawful stance.
Breadvan72 said:
Any claim against the employer will transfer to the contractor, and, incidentally, I imagine that the contractor won't be best pleased to be landed with the claim that will arise if the outgoing employer persists in its unlawful stance.
Ah, excellent point BV, thanks very much, I had overlooked that. Will get her to forward the email to the new employer "for information"supermono said:
johnny fotze said:
What they've done is wrong. She needs to contact her union, who will use all means necessary to right this wrong. If she's not a union member then she obviously believes she is able to do this herself.
Bob Crow is that you?supermono said:
Hopefully that letter will do the trick. Amazing that someone can reach whatever position this jerk has reached having the literacy of a 6 year old.
Good luck and Happy Christmas...
SM
What's amazing is how everyone can give firm advice when we probably don't have the full story. Good luck and Happy Christmas...
SM
An employer has an employee who has taken over 6 weeks off work. Maybe the employer is right to feel hard done to and has reached the end of his tether? Maybe he's being taken for a ride?
I doubt anyone would act like we've been told the employer has, without some reason.
Anyway, as you were...........
REALIST123 said:
An employer has an employee who has taken over 6 weeks off work. Maybe the employer is right to feel hard done to and has reached the end of his tether? Maybe he's being taken for a ride?
I doubt anyone would act like we've been told the employer has, without some reason.
Anyway, as you were...........
When transferring out of LA control some Academies have tried to replace functions such as HR and Finance with unqualified and inexperienced admin staff. 9 times out of 10 they can get away with it (because most of the Finance / HR work is routine) but sometimes they are unaware of what they can and cannot do by law. This appears to be one of those cases.I doubt anyone would act like we've been told the employer has, without some reason.
Anyway, as you were...........
Even if the Employer IS being taken for a ride he/she cannot ignore employment legislation.
ETA - It's quite common for Employers to act like petty tyrants.
Edited by Countdown on Monday 23 December 12:10
REALIST123 said:
What's amazing is how everyone can give firm advice when we probably don't have the full story.
An employer has an employee who has taken over 6 weeks off work. Maybe the employer is right to feel hard done to and has reached the end of his tether? Maybe he's being taken for a ride?
I doubt anyone would act like we've been told the employer has, without some reason.
Anyway, as you were...........
Maybe a feeling of being hard done by would be justified if the business was a small company and a chronic illness wasn't involved. However I don't understand why other employees turn vicious to act out justice on behalf of their beloved employer.An employer has an employee who has taken over 6 weeks off work. Maybe the employer is right to feel hard done to and has reached the end of his tether? Maybe he's being taken for a ride?
I doubt anyone would act like we've been told the employer has, without some reason.
Anyway, as you were...........
REALIST123 said:
Maybe the employer is right to feel hard done to and has reached the end of his tether? Maybe he's being taken for a ride?
But it's a legal question - feelings don't come into it. In fact that is the biggest problem in this area - feelings and emotions, utterly irrelevant when it comes down to it, it's handing the situation according to the law that is what matters.Hmm this is a tricky one I sympathise with the situation fully and the on-going condition.
I absolutely detest the fact that anyone at a managerial level can discuss this matter via text - this needs to be a face to face conversation or at worst over the phone, backed up with a letter. Short hand text in a text message of this nature is a disgrace and clearly shows a lack of respect - this annoys me so much. I am quite young IMO (30) and text / email / messenger is my main mode of communication. However in any HR related situation a formal route needs to be taken, I would complain about this at the least.
The 25 days absence are unfortunate but also in my opinion quite high, (that's 5 working weeks full time, more for part) standard holidays are about 28 days per annum. This will probably not help the situation I would be careful of the bigger picture and that is someone is trying to get your partner ousted.
It is very strange to hold back salary like this, from personal experience and without any disrespect I imagine there is a much bigger picture here and for that very reason it is important you seek prompt advice possibly someone separate to the union as well that has suitable legal qualifications to give further advice.
another link you have probably seen but worth reading:
http://www.nhs.uk/chq/Pages/1062.aspx?CategoryID=1...
I absolutely detest the fact that anyone at a managerial level can discuss this matter via text - this needs to be a face to face conversation or at worst over the phone, backed up with a letter. Short hand text in a text message of this nature is a disgrace and clearly shows a lack of respect - this annoys me so much. I am quite young IMO (30) and text / email / messenger is my main mode of communication. However in any HR related situation a formal route needs to be taken, I would complain about this at the least.
The 25 days absence are unfortunate but also in my opinion quite high, (that's 5 working weeks full time, more for part) standard holidays are about 28 days per annum. This will probably not help the situation I would be careful of the bigger picture and that is someone is trying to get your partner ousted.
It is very strange to hold back salary like this, from personal experience and without any disrespect I imagine there is a much bigger picture here and for that very reason it is important you seek prompt advice possibly someone separate to the union as well that has suitable legal qualifications to give further advice.
another link you have probably seen but worth reading:
http://www.nhs.uk/chq/Pages/1062.aspx?CategoryID=1...
johnny fotze said:
NormalWisdom said:
She is in a union and will certainly be doing that. Salary was due tomorrow and not having it will be painful!
Sorry if my answer seemed a little short. Unfortunately far too many people think they don't need a union, only to discover too late that their employer isn't a benevolent philanthropist who pays them because he likes their smile, but is actually a predatory pervert with no qualms about bum raping them as soon as the bean counter says there's a quid up there. Anti union legislation means the union has little chance of stopping this, but will use the law to get your quid back.Edited by johnny fotze on Sunday 22 December 17:31
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