Can my employers legally withhold my pay?

[joskin69]

My employers are intending to withhold the payment of overtime which has already been earned. It is due for payment on the 15th April, I am relying on this overtime to go on holiday with (on the 15th April!) We have not had any formal notification, a memo was passed down through our first line managers and then verbally disseminated to us. I would like to know if I can insist that they pay and what legal clout I can enlist.
Thanks
Jo

[manxbiker]

I am no lawyer so take this answer as 100% but my guess would be that the answer was no you no doubt have a contract of employment and that is binding on both sides so I would take a look at that or contact your union

[thugulike]

If you are in the UK go to CAB or ACAS. There is such a thing as illegal deduction from wages. Read your contract carefully and see if it mentions when overtime payments will be made. Have they given a reason for late payment?

[atolhurst]

It depends why it has been withheld but assuming there is no specific reason (such as you breaking something they are insisting you py for), they are obliged to pay wages as due. The 15th is a Sunday so most companies would put it in your account on the Friday (13th) but should be in your account by midnight on Sunday night/Monday morning at the latest.

Payment terms should be stipulated in your contract or written statement of particulars. If you don't have a contract, then consider how they normally pay. If they normally pay on the 15th then that would probably stand. However, if overtime is paid on an as-and-when basis rather than peridoically, you probably won't get far.

However, there may be other circumstances such as overdue payments that they are owed which may be why they are with holding. Perhaps you should go to whoever is in charge of the payroll and ask why it is being with-held. Explain your situation and if they are reasonable people, they may put it through anyway. I'm sure they wouldn't want to risk having disgruntled workers unless the absolutely had to.