Desperate former staff at a restaurant and bar in Aberdeen claim they are being plunged into poverty as they await overdue wages.
Several past employees of the Mains of Scotstown bar and Meraki restaurant have laid bare their experiences to The Press and Journal.
They include a young woman driven into debt while waiting months for the money she worked for.
Some gave up Christmas Day to work – and still haven’t been paid for their time more than a month later.
Owner Eddie Wyllie claims he has only ever acted within his rights by withholding pay, accusing members of staff of “breaching their contracts” by leaving without notice or, in some cases, “stealing alcohol from behind the bar”.
He told us ex-employees are “trying to bully him”.
Workplace experts Acas tell us there are “very few circumstances” where an employer can refuse to pay without “putting themselves at legal risk”.
And an employment tribunal found that the business had “illegally withheld wages” from former barmaid Bryony Baxter – and issued an order to pay up more than £1,500.
Who owns Aberdeen’s Mains of Scotstown pub and Meraki diner?
The venue has changed hands a few times in recent years.
Last spring it reopened under new management, complete with the new Meraki cocktail bar and restaurant.
Posting on social media at the time, the owners boasted of plans for “a brand new cocktail bar and restaurant, offering the finest gourmet food, all with a unique experience and atmosphere.”
It is run by 39-year-old Eddie Wyllie, who is registered as its sole director.
Mr Wyllie also runs Evolution Fitness in Westhill and is listed as the director of Bellus Tan and Beauty in Portlethen.
Less than a year on from the grand opening, former staff tell us that they are still left awaiting pay – some months after leaving…
Staff share pleading messages sent to management
One woman told us she entered debt while waiting for the wages she accrued during roughly three months behind the bar last year.
Staff are supposed to be paid on a monthly basis, and she expected her final pay in the weeks after leaving in September.
She shared messages showing her pleading with management for the money she had worked for.
In one, sent in October, she told Mr Wyllie she “had less than a quid in her bank”.
Another message tells Mr Wyllie that she is “on her a**e”, late on rent and at risk of having her car insurance cancelled.
Having completed her final shift on September 19, the young woman still has not been paid almost £1,400 she claims she is owed.
Mr Wyllie told us he wrote to this ex-employee “by letter” three times requesting a meeting before he would part with the cash.
He claimed he would have deposited the sum after this, but the letters “went ignored”.
‘I maxed out overdraft and went into debt waiting for pay from Meraki’
The young woman told us she never received any post from Mr Wyllie.
She told us she ended up going £1,500 into debt as she maxed out her overdraft instead to pay the bills.
The former employee said: “The whole reason he refused to give me them in the first place is because I got a new job.
“I’ve got text messages saying I left them short, so I won’t be receiving my wages at all.”
Boss insists ‘I sent her three letters’
Asked why the young woman may have decided not to attend the meetings, Mr Wyllie said he “had no idea”.
He continued: “I sent three letters to her house.
“She needs to come in for a reconciliation meeting.”
‘We fear business could go bust – and we would never receive wages’
Another former employee tells us they are looking to recruit a lawyer as they battle to claim £810 they claim they are owed from working “daily 15-hour shifts”.
And one worker told The P&J that they feared entering “enforced poverty” as they waited for about £1,000 in wages – which includes pay for Christmas Day.
This member of staff started at the Mains of Scotstown in early November and walked out on December 28, citing the “stress” of the busy festive period.
“I was told that my ability to look after my family should be dependent on getting a new job,” he added.
“It’s absolutely ludicrous, and we won’t give up until all of us have the money we are owed.”
After being contacted by The Press and Journal, management paid this employee on February 7.
Meraki boss says staff from Aberdeen venue are ‘trying to bully him’
Mr Wyllie alleges that the latter employee had not been paid because they “threatened a colleague” and “had to be escorted from the premises” – a claim denied by the worker.
The boss clarified that he did not contact the police over this.
Mr Wyllie continued: “Employees breached their contracts and are trying to bully me into paying.”
Former Aberdeen waitress taking Mains of Scotstown to tribunal over unpaid wages
Some resorted to public social media posts about their predicament in an effort to obtain their wages.
Bryony Baxter has since successfully taken her former employer to tribunal.
She tells us: “Him not paying me royally f****d me… My parents had to help me pay rent, I had to borrow cash just because I didn’t have this money I was relying on.”
Last week, an employment judge found that her employer “unlawfully withheld wages” and ordered she be paid.
‘I have done nothing wrong’
Mr Wyllie claims to have no knowledge of the tribunal process being launched.
On the spate of complaints, he told us this was “a difficult situation to be in”.
He said: “You can’t just leave and not return, and expect your pay. I am trying to run a business and can’t have employees just leaving.
“I have done nothing wrong.”
Mains of Scotstown boss says Aberdeen staff ‘will be paid’
When asked, Mr Wyllie insisted that he does intend to pay everyone what they are due.
He continued: “They just disappear and then I hear nothing until it becomes payday. It’s not my fault.
“No one has said they won’t get paid. But they have breached their contract and I am well within my rights to retain their wages.”
Meraki ‘is a success’ and high turnover is ‘due to demand for chefs’
Mr Wyllie later explained that having a high turnover of staff is normal for hospitality, with “everybody screaming out for chefs”.
And he told us that Meraki has been “100% a success”.
Mr Wyllie said: “Everyone knows what the Mains of Scotstown was like before and now it’s completely been done up… It’s a brand new restaurant.”
He added: “I’m very surprised you’re willing to run an article on this.”
Restaurant says ‘relevant sum will be paid shortly’
The Mains of Scotstown and Meraki later sent The Press and Journal a statement.
It said: “We are currently conducting an investigation into concerns of financial impropriety in relation to former employee (sic) that has sadly failed to co-operate with that investigation to date.
“We therefore temporarily held back payment of final sums otherwise due, in hope of securing that co-operation with a view to enabling us to identify the precise loss incurred by the business.
“A decision has, however, since been taken to make that payment pending conclusion of investigation and relevant sum will be paid shortly.”
The Mains of Scotstown declined to clarify when these workers could expect to see their pay.
Are you struggling to obtain wages from an employer? Let us know at cityandshire@pressandjournal.co.uk
Aberdeen pub owners say Mains of Scotstown is run ‘with autonomy’
Owners Punch Pubs and Co stressed that the running of the venue is “fully” down to Mr Wyllie.
A spokesperson added: “The Mains of Scotstown is operated by our publican who runs their own pub business with autonomy, meaning that they are fully responsible for the day-to-day running of the pub, including employment and team management.”
What do the experts say?
The Advisory, Conciliation and Arbitration Service (Acas) is a workplace expert that provides free and impartial advice to employers and employees across the UK.
Acas told us there are “very few circumstances” where an employer can deliberately not pay an employee without “placing themselves at legal risk”.
Though the body does not comment on specific cases, advisor Patricia Hicks addressed some of the issues raised.
Employers who do not pay ‘can be taken to court’
She said: “An employee that has left their job, or who has been dismissed from it, should be paid any money owed no later than the next usual payday.
“Occasionally there might be an administrative reason for a delay, such as an employee not providing a timesheet. Separately, an employer can make legal deductions in payslips such as tax.
“However, an employer should clearly explain the reason for any delays or legal deductions to an employee and they are not allowed to withhold pay that’s owed. An employee can take their employer to court for any pay that’s owed.”
What should you do if you are not being paid your wages?
After leaving employment, even if you have been dismissed, an employee should be paid “any money owed to them” by the next payday.
This includes overtime, relevant bonuses and holiday pay for annual leave not taken.
Learn more about when and why pay can be deducted
If a worker is paid late, that worker has the right to raise a written complaint with their boss.
If this does not work, then it can be resolved by an employment tribunal or, in rare cases, a small claims court.
What about claims employees have stolen from a company
If an employer suspects an employee of stealing, they should “carry out a fair procedure to investigate the matter”.
This could lead to a disciplinary hearing, potentially for gross misconduct.
If an employer wishes to recover the cost of stolen company property from an employee, it is unlikely they are lawfully able to do this by withholding pay.
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