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Discussion in 'Pay and conditions' started by lainerrrr, Nov 5, 2015.

  1. lainerrrr

    lainerrrr New commenter

    Can a employer hold your wages when you are a new employee? Reasons being given, not received correct paperwork ie birth certificate....have worked 9 weeks and my wages are still being withheld. Can they do this? Comments plz
    GLsghost likes this.
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    I don't know the legal answer - might depend what was on your job offer letter - but why don't you just give them the paperwork?
  3. Flere-Imsaho

    Flere-Imsaho Star commenter

    Have they had the paperwork?
    It sounds a bit dodgy to me - unless, as Rottweiler says, you haven't given in the paperwork in which case they may have some doubt whether you are eligible to work.
  4. Morninglover

    Morninglover Star commenter

    Speak to your Union - or CAB if not in one (why not, BTW!)

    Presumably if a teacher isn't paid they would have to look for another job to make ends meet - I'd be telling the HT that, tbh....

    BTW I never had to submit a birth certificate, and I worked in more than 10 schools....
  5. wanet

    wanet Star commenter

    Can't see why the lack of a birth certifcate should prevent you being paid.
  6. Pcarthy

    Pcarthy New commenter

  7. GLsghost

    GLsghost Star commenter

    No! No! Definitely NO!!

    Write a grievance stating that your wages are being unlawfully held and must be paid to you immediately. What does it say on your contract (s1 statement) about the frequency with which wages will be paid?

    Tell them that they are in breach of contract and if they don't pay you will issue a claim in the ET for unauthorised deduction of earnings.
  8. frustum

    frustum Star commenter

    If they're worried that they might be employing you illegally, I can't see that the situation is improved if they employ you without paying you!
  9. Jolly_Roger1

    Jolly_Roger1 Star commenter

    @lainerrrr: Not this old **** again. My academy tried this on new non-teaching staff. They would get no money at the end of their first month and when they complained, the school told them that because they had not provided some unasked-for paperwork, they could not be paid. Even when the staff complied with this, they were then told that they would have to forgo their first month's pay, or wait until the end of the FY, as 'salary payments could not be backdated'. When someone kicked up a fuss, the school paid up pronto and apologised for the 'misunderstanding'. For the SMT to have given in this easily, what they were doing must have been illegal.

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