Money Issue: “My bullying boss is withholding a month’s pay after I refused to work my notice, is that allowed?” | UK news

Every Monday on our Money blog, we have an expert to answer your financial problems or consumer disputes. This week, a reader questioned whether her boss’s decision to withhold her last few weeks of pay was permissible.

A reader named Zippy asks: “I refused to work my two weeks notice due to harassment at work by my manager. Now he is refusing to pay me for my last four weeks of work due to of my refusal. Is he allowed to do this?”

We asked Antony O’Loughlin, Head of Litigation and Director of Setfords Solicitors, to take this query and he said the simple answer is no.

No employer can withhold wages merely as “punishment,” he says.

Antony adds: “Even if your manager feels they shouldn’t pay your two-week notice period (which you could contest if the harassment you’ve mentioned constitutes unlawful harassment), you have the absolute right to get paid for the work you’ve done.

“Therefore, it is highly unlikely that the withholding of four weeks’ wages is unlawful.

“If you want to do this, you can start by contacting your employer (perhaps someone more senior than your immediate manager, if possible) and asking them to pay you for the work you’ve done or to do a payment in lieu of your notice period, failing which you will file a formal complaint.”

Antony says there is also the option to use the advance conciliation process on ACAS, which is a free service for employees to try to resolve issues with their employers.

Through the service, ACAS will talk to both the claimant and the respondent about the dispute and give them the opportunity to reach a settlement without going to court.

“If all that fails, you may have potential claims that you could bring to an employment tribunal or tribunal for harassment and breach of the terms of your employment contract,” says Antony.

“It’s always good to put everything in writing and keep all evidence of your communications with the company.”

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What about paying for the notice period?

The employer would normally be able to withhold wages for any period when their employee has refused to work, but the alleged harassment and bullying is a “complicating factor”, Antony says.

“If the employer is sensible, it will understand the risk of a possible harassment claim (assuming the alleged bullying is sufficient to constitute unlawful harassment) and may accept a payment in lieu of notice (PILON) for the two-week notice period.”

Antony continues: “The employer could try to defend any claim for notice pay on the basis that no work was done (if it wanted to deny liability for bullying or harassment).”

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