• Welcome to the LegalBeagles Consumer and Legal Forum. If this is your first visit to LegalBeagles and you need assistance then you can ask a question here;
    Create a Thread
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need a solicitors help with your employment issue you can find and rate firms on our sister site, JustBeagle.com

    You can obtain Free Expert & Confidential ACAS Code Based Employment Law Advice directly from ACAS by calling 0300 123 1100. It is available Monday to Friday 8am-6pm. Or visit their website at ACAS.ORG.UK

Polite Employment Law Question

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Polite Employment Law Question

    Hi,

    Under UK law, if an employer fails to pay an employee on the appointed date, and says they don't know when this payment can be made, is the employee still bound to honour their notice period, please? Many thanks in advance.
    Tags: None

  • #2
    Failure to pay wages for work done counts, in law, as an unauthorised deduction of wages If the matter cannot be resolved and you are entitled to make a claim to an employment tribunal.

    Failure to pay wages Ė in full and on time Ė is also a fundamental breach of the employment contract.

    What is your contractual notice?
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You canít always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.



    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    Comment


    • #3
      Thanks very much for your reply ULA. My contractual notice is 30 days. Although I am a self-employed consultant, it states that is the notice period in my contract. My most recent pay is nearly a week overdue, I'm told there are no funds to pay me and my first month's pay was also late. Many thanks.

      Comment


      • #4
        I presume that you have a consultancy contract as you are not an employee. In which case do you have a non-payment of invoices clause in your contract, if so I would have thought that you could just invoke that clause and withdraw services?
        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Thanks, ULA. My letter of understanding/contract states that I will be paid a fixed monthly fee, until the end of September. It says that in the event of late or delayed payments charges will be applied with reference to European Directive 2000/35/EC. I want to check that my employers couldn't refuse payment for the work I've already completed in July — for which I am yet to be paid — if I don't work my 30 days' notice.

          My concern is that, if I complete my notice period, I will not be paid for two months' work. Thanks again for your help.


          Comment


          • #6
            That will depend on what has been stated in your contract. Most contract of this nature should have a clause giving the right for you to terminate the contract for non-payment (after of defined period of trying to resolve) but include the right to be paid for all work completed.
            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              Many thanks, ULA.

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse

              Employment Law

              Are you having problems with your employer ? Unfair Dismissal, Redundancy, Problems with Pay, Contract Issues, TUPE etc.
              See more
              See less

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X