Self-employed and caught stealing at work - do I have the right to be paid?

[TimothyMorgan]

Hi I really really need some advice

I have been working self-employed for a local company (as a data engineer).
I work for a company for our sake called (NETWORK1) and we are then subbed to a company - and they hold the contract with Tesco to do various works involving data.

I have only worked for the company for a total of 3 months and I was paid 2 days late the first month. On time the second and the 3rd month he told me he would be paying the on Sunday 2nd September 2018... as we approached sunday night I had heard from another member of staff that no wages are being paid until 5th Sept 2018. Which would have another negative repercussion on my credit score.

I fell into a desperate situation and found myself stealing from a client (tesco) to try and raise some funds to put into my bank monday. I was caught and the issue has been raised with the police and I believe I am being prosecuted. I am deeply ashamed of doing so and I have lost my job (obviously).

The owner of the company I work for is ignoring my calls and texts and he owes me a total of £1176.

Can he refuse to pay me?? - also where would be best for me to find some support/what should I do?


Thanks

[NotAllThere]

You are entitled to your pay. Your boss cannot withhold payment for work done. Consult the Citizen's Advice Bureau.

How were you working freelance? As a sole trader, through your own limited company or through an umbrella. Or some kind of zero hours contract, or other employment contract.

[northernladuk]

Yes he can refuse. It's not legal but of course he can refuse. We get non payment issues as contractors and unfortunately it's not really about what the law says, it's about who blinks first. If they refuse to pay the only option you've got is to go legal which isn't everyone's cup of tea.

I believe you could take him to a small claims court which is pretty cheap to do and in many cases they don't turn up so you win by default. Never seen how many people win and don't know the details of your situation so can't do anything but suggest you look in to it.

That said if I were him and probably attempt to counter sue on some basis like ruining his relationship with his client or something. If he's lost money because of your actions he'll have some sort of a case.

[NotAllThere]

Note that while he cannot legally refuse, if he does it is a matter for civil law.

Further advice is not really possible without knowing the details of how your were engaged to your "employer".

[GhostofTarbera]

Self-employed and caught stealing at work - do I have the right to be paid?

Surly the owner of the company can sue you for his lost business and reputational damage to his company, I don’t think he will be billing Tesco for your work

Did you nick money or goods?

[fiisch]

Legally he has to pay you, but you don't want to be in a position to force the issue, and he could retaliate with counter claims as has been said.

Personally, I'd apologise and ask to be paid, and hope he relents.

If you are self employed, you should not be in a position that delaying payment by "one or two days" would have a negative impact on your credit score and leave you in dire straits. Presumably other workers were also paid late, but managed to refrain from stealing? If any apology is going to come across as genuine, you need to decouple being paid late and stealing - the latter is not an inevitable outcome of the former.

How you manage this is going to be critical for your future job prospects - having theft at the workplace on your record could make finding work going forwards very difficult, particularly if it ends on bad terms with the reference-giver.

[barrydidit]

You might be advised to change your user name to something a little more discreet too.

[RyanDS]

As above.

You have the right to be paid, but I would not force the issue.

As it stands, likely scenario is you don't get paid, your employer writes you off as a bad event and you "only" have to worry about the prosecution.

If you try to get the £1k off the employer, then that makes him mad, he sues you for breach etc and you get tied down in civil wrangles and potentially lose much more than the 1k.

[WLB2018]

Firstly, like it has already been suggested - get your username changed.

Assuming this isnt a troll post - because lets be honest, even when you are up the creek without a paddle there are other options other than stealing!

During the investigation the agent may have been advised not to speak with you, coupled with this could also be the reason the payment is being delayed.

I hope you have insurance in place in the event of any legal action being taken against you

Good luck!

[simes]

Assuming this isnt a troll post - because lets be honest, …..
Good luck!

Well, since he's not been back to chat or answer questions doesn't bode well...