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| *Ostroff, Fair and Company>>>Law & Legal |
Bounced Wage Cheques - Can I refuse payment by cheque? U.K? |
My contract states we are payed weekly by either cash,BACS into account or cheque. The majority of the company get paid cash or BACS,my employer started paying me by cheque every week,My wages cheque for the week before last is returned unpaid.When I told my employer he claimed a bank error and said it will be in my account that day (a week after the payday) last Friday.Nothing has been transferred.My manager said there is enough cash at work to pay me,but my employer won't let him claiming my cheque will magically represent itself despite me calling in front of my manager and the bank saying clearly it has bounced and is returned to me to represent. Can I legally refuse payment by cheque as it's a breach of contract? Bearing in mind nearly the whole company receives cash or BACS weekly. Can I refuse to represent the returned cheque as obviously i would have to wait the clearance period over again and have urgent bills to pay. I have doubts for the cheque I just paid in for last week. In this situation I would demand that, due to pressing need, you need your recent pay paying into your account by bank transfer. Write to your employer explaining that you are unhappy about recent events. Explain that in future you wish to be paid by transfer. Explain if this wish is not complied with and if in future a pay cheque is presented and does not clear, you will IMMEDIATELY take action to recover the amount owed and and any accrued court costs at the small claims section of the county court (if in UK). If you in a union they will help you with this. In this situation the company is in breach of contract and yes it would be reasonable for you to have to wait for the clearance period again. Threaten your employer that you will sue them for any accrued costs incurred by you due to the failure to pay you on time. Source(s): ex union rep Unfortunately, the Truck Act which enabled you to claim your wages in cash, was repealed not too long ago. I think, if I were you, I would look for another job in cas your company is about to fold. You contradict yourself by saying that your contract states that you are paid weekly by either cash, BACS or cheque, but then you ask if you can legally refuse payment by cheque as it's a breach of contract. Clearly, it isn't a breach of contract if your first statement is correct. Why don't you just ask if you can be paid by BACS instead, and also make sure to find out why it is that everyone else gets paid by this method and you don't. It's best to have just a simple conversation before you start getting into legalities. Speak to HR first off (if you have an HR department - sounds like you probably work for a small company) and see what they say. One thing that works well in my company is getting your line manager to put pressure on the management/finance department - then they'll usually sort something out. |
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