Sunday Express Skeleton 24Th November...
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Witholding wages (part 3 !!!)
Hi, following my last two threads on here regarding my wife's ex boss from hell giving her a bad reference to her new employers (a matter that is now sorted and many many thanks to everyone for their help and encouragement), my wife still hasn't received her final pay cheque amounting to over �850 from her former employers.
We wrote them a letter on 28/907 asking for the wage cheque to be sent to us no later than 3rd Oct (pay day is the 1st of the month) and included a breakdown of what is owed to us which includes 6 days outstanding holiday pay and 4 weeks SSP.
So off we went to Malta for a week instructing my 18 year old step daughter to open any mail and to bank the cheque should it arrive.....it didn't.
So i've now written another letter giving the ex employer until 22nd Oct to send the cheque and i've sent this letter by recorded delivery. It also states that it is illegal to withold wages owed and steps will be taken via the courts to recover the wages, costs and interest. I also stated that i appreciate there had been several postal disputes.
Anyway, i'm sorry for the long winded outline but my question concerns the offence of "illegally witholding wages". Is this a civil or a criminal offence and could i go further than a small claims court if needed (eg the police) ???
I've had a good look round the net but can't seem to find many details on the severity of the "crime"
Again, a million thanks in advance for your help
Andy
We wrote them a letter on 28/907 asking for the wage cheque to be sent to us no later than 3rd Oct (pay day is the 1st of the month) and included a breakdown of what is owed to us which includes 6 days outstanding holiday pay and 4 weeks SSP.
So off we went to Malta for a week instructing my 18 year old step daughter to open any mail and to bank the cheque should it arrive.....it didn't.
So i've now written another letter giving the ex employer until 22nd Oct to send the cheque and i've sent this letter by recorded delivery. It also states that it is illegal to withold wages owed and steps will be taken via the courts to recover the wages, costs and interest. I also stated that i appreciate there had been several postal disputes.
Anyway, i'm sorry for the long winded outline but my question concerns the offence of "illegally witholding wages". Is this a civil or a criminal offence and could i go further than a small claims court if needed (eg the police) ???
I've had a good look round the net but can't seem to find many details on the severity of the "crime"
Again, a million thanks in advance for your help
Andy
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Ok, I admit I havent gone back to read your previous posts so I'm basing this on what youve posted here.
Are the wages due on 1st October, or from a previous month?
In an ideal world the cheque should have arrived around the 1st October. Giving them until 22nd is the right thing to do allowing for postal strikes. After that date you can take them to the small claims court - you can do this online. There's no point going to the Police, this is a breach of contract between your wife and her previous employer, the Police wont get involved.
Are the wages due on 1st October, or from a previous month?
In an ideal world the cheque should have arrived around the 1st October. Giving them until 22nd is the right thing to do allowing for postal strikes. After that date you can take them to the small claims court - you can do this online. There's no point going to the Police, this is a breach of contract between your wife and her previous employer, the Police wont get involved.
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