Employer Holding Final Pay

[Pizzahut3010]

I was dismissed after a disiplinary for some other substantial reason.my employer refuses to give me my final pay and p45 saying they are holding pending the appeal process as i have appealed.Is this legal.
Thanks in advance for any advice.

[Pizzahut3010]

Hi yes I got paid at end of June but that was it i have to wait for final pay and p45 so will have nothing in bank unless get another job by end July or appeal process has finished I have been dismissed

[fiction-factory]

So even if you hadn't been dismissed you would have had to wait until end of July for your next pay cheque- so I can' see how the delay in paying the PILON has caused you to have nothing in the bank. It's only a week since you received a month's pay and presumably you have always had to spread it ove rthe month.
You could ask DWP if you are entitled to help.
You need an employment lawyer though- or at least CAB to start with

[fiction-factory]

Maybe if teh appeal isn't processed by end July you will just get your normal monthly pay.
Ask ypur employer what your employment status is - left, paid leave pending the appeal outcome, unpaid leave pending the appeal, expected to turn into work pending appeal...

[Pizzahut3010]

I said I will have nothing in bank at end of month hence looking for a job and yes fiction factory it is pilion have had to use the pay at and of June for temporary accomodation i.e. a bedsit thankyou for all your answers all along same line my employer prob can hold my final pay pending appeal process . Thankful to all that have given answers .

[fiction-factory]

Yes, always worth keeping some savings . Good luck with sorting this out

[Pizzahut3010]

Many thanks fiction factory

[thugulike]

If you have been dismissed you should get all monies owing to you whether or not you have appealed. I have known appeals take 3 months to be heard. Tell the company you have a right to be paid and if they don't you can make a claim to County Court under The Wages Act for unfair deduction from wages. It will cost you a little bit but you can add that to your claim and would get it back.

[Pizzahut3010]

Thanks I was expecting to be paid and I had no communication saying how it when I would be paid I had to send an email and the only response i had was that it was being held pending appeal process I think my ex manager is neo awkward as i am appealing his decision thanks I will get some legal advice as the pay i got was swallowed up by deposit and month rent in advance on a bedsit.

[fiction-factory]

I will bump this back onto Latest Posts in the hope that someone like PeterPedant or Bamaid may see it.
You definitely need your employer/ex employer to clarify your employment status and I think you need specialist legal advice. Regarding the 5 weeks' notice pay you may need to check the fine print to see if you should have got it when you left or hwther it will be paid at the normal next pay date which you say is the end of July.

[Pizzahut3010]

My employment status is that my employment has been terminated but as i am appealing my manager replied with email saying he was holding my payment in lieu of notice pending the appeal process I just wasn't sure if he is alled to do this and hold my p45 thanks fiction factory for your help it's a very stressful time

[fiction-factory]

Two things you could do regarding the P45'

1) report it to HMRC. Have you had a letter confirming your dismissal? If so, that will help

2) the second is to make sure you complete a P46 when you start a new job.

[fiction-factory]

Sorry, hadn't finished.
If your appeal is successful (and you must be confident or you wouldn't have gone through this) then I am confident you would have to be paid for all the time you were waiting for the appeal to be completed.

[Pizzahut3010]

Thankyou i will contact HRMC with copy of my dismissal letter and thanks will fill in p46 when start new job and I have a good case against my employer but am only appealing as that is the process before the unfair dissmal stage as i want to go to tribunal i have been treated badly and unfairly compared to other staff and yes I know i will get paid in the end just wasn't sure if it was the norm to hold the pilon money thankyou for your time.

[Peter Pedant]

Hi FF !
I think Islay has got it
if he has been dismissed then he is owed the money for work done if any.
the amount outstanding may be pay [claimed] in lieu of notice
and they are gonna say he has been summarily dismissed for misbehaviour so isnt entitled to anything.

The emergency tax code is 20% across the board without the personal tax amount ( about £1000 / mo) so if he were taxed normally the tax on a monthly pay of £1500 would be £100 and under emergency £300 ( difference of £200 which is signiificant)
( also = to 20% of £1000 which is £200)

https://www.gov.uk/disciplinary-procedures-and-action-at-work/help-and-advice-with-disciplinary-issues

I think it is worth ringing ACAS - they are very helpful

can they suspend you without pay ?
yeah if the contract says they can

[Pizzahut3010]

Hi I have had it confirmed I am getting the pilion pay but pending the appeal process this is the bit I thought was wrong and that my employer is holding my p45 and my holiday pay and haha im a she not a he not that it matters thanks for advice all.

[Peter Pedant]

acas on pilon here
http://www.acas.org.uk/index.aspx?articleid=4540

and it clearly states the problems you are having are common so give them a ring.

[Pizzahut3010]

Peter pedant thanks hadn't seen this site advice and seems yes perhaps my employer should have paid me now instead of holding pay i was dismissed for some other reason such as having no confidence or respect in management not gross misconduct Thanks