employer not paying wages on time!

[jules2008]

Hello all at leagal beagles i trust everyone is well!

:beagle:

Have not been on for a while but now i have a serious issue that i hope you can help me with.

I have worked for an employer for 5 mnths in that time i have never been paid on time and now it is starting to effect me ie not paying my bills on time if at all. Now this month i have only been given £100 of the £800 owed to me this month for hours worked, and worse than that i am not even sure that i will get the money.
I know i am on a sticky wicket as i dont have a contract with them but i have been getting wage slips each month so far it is just this mnth i dont think they have been doing very well and i am owed alot of money. this does not just effect me there are other employees who are in the same boat.

can anyone help?

[natweststaffmember]

Re: employer not paying wages on time!

Jules, from reading the first post, if you can find work with someone else then definitely look to do so. Not able to help on the question you've asked but your employer is shafting you imho.

[jules2008]

Re: employer not paying wages on time!

oh dear i feared the worst and you have just confirmed that. Is there really nothing i can do about it coz of the no contract situation?

It is difficult to find work at the moment with the recession and everything, and they have paid me eventually but not on time which is not good.

The thing it is a pub where i work the owner has been ringing up and the thing is he is not happy with the way the pub is being run at the moment and he is looking for someone else to take over the pub. He has said i will still have a job but he needs to find someone else to run it.

do you think it is worth hanging in there till that happens? it could mean another 3/4 months of not getting paid on time?

[Tools]

Re: employer not paying wages on time!

Hi again jules, nice to see you back, but not under these circumstances.

Have a read here Being paid and payslips : Directgov - Employment this should give you more information as to your rights. After you have read that if you stil have any questions or are unsure of anything then don't hesitate to come back and ask.

[enaid]

Re: employer not paying wages on time!

[quote=jules2008;114245]
The thing it is a pub where i work the owner has been ringing up and the thing is he is not happy with the way the pub is being run at the moment and he is looking for someone else to take over the pub. He has said i will still have a job but he needs to find someone else to run it.

Do you mean there is a manager running the pub at the moment?
If there is a manager and the actual owner of the pub is not happy with the way things are being run, could you not speak to him about your wages?

[enaid]

Re: employer not paying wages on time!

Hello all at leagal beagles i trust everyone is well!

:beagle:

Have not been on for a while but now i have a serious issue that i hope you can help me with.

I have worked for an employer for 5 mnths in that time i have never been paid on time and now it is starting to effect me ie not paying my bills on time if at all. Now this month i have only been given £100 of the £800 owed to me this month for hours worked, and worse than that i am not even sure that i will get the money.
I know i am on a sticky wicket as i dont have a contract with them but i have been getting wage slips each month so far it is just this mnth i dont think they have been doing very well and i am owed alot of money. this does not just effect me there are other employees who are in the same boat.
Read this about contracts
Employment contracts : Directgov - Employment

can anyone help?

oh dear i feared the worst and you have just confirmed that. Is there really nothing i can do about it coz of the no contract situation?

It is difficult to find work at the moment with the recession and everything, and they have paid me eventually but not on time which is not good.

The thing it is a pub where i work the owner has been ringing up and the thing is he is not happy with the way the pub is being run at the moment and he is looking for someone else to take over the pub. He has said i will still have a job but he needs to find someone else to run it.
By this I take it the pub has a manager, is he the one responsible for processing the wages and paying them out?
If this is the case have you brought it to the owners attention that you have not been paid correctly.

do you think it is worth hanging in there till that happens? it could mean another 3/4 months of not getting paid on time?

To be honest I am surprised you are paid monthly, was this agreed when you first started and if so were you given a date you would be paid on?

[Glenn UK]

Re: employer not paying wages on time!

1st off, despite you not having a written contract, you do have a contract of employment, its just its verbal.

You have a right to ask for a written contract if you haven't been given one within 12 weeks i think it is.

The employer must give you one, a written contract that is if asked.

Have you spoken to whoever it is that pays you about the situation?

As much as its a pain the first course is to speak with them. if you're not happy doing it alone then either ask a colleague or take your OH with you (assuming your OH is not likely to get out of his/her tree, never helpful).

Have you kept a record of how much you are owed, late payments etc?

If not start to keep a record. If the person you report to and who is not paying you is the manager then whilst it may be their fault in practice, the employer is responsible and if you need to sue someone to get your wages back it will be the company/owner who you sue.

So as in all cases 1st rule keep a diary, 2nd rule keep a diary and guess what the third rule is, keep a diary.

JMHO

Glenn

PS the links sent out are definitely worth a read if you haven't done so already, don't worry, the lack of a bit of paper only makes some things a little difficult, being paid regularly for hours worked is unlikely to be in dispute if it came to a tribunal.

[jules2008]

Re: employer not paying wages on time!

thank you for your replies it has given me some hope!

Spoke to the woman (who is leasing the building from the owner) who technically is the manager and is responsible for paying wages. (although i run the pub on a daily basis as she is hardly ever there) she apologised for my wages being late but still did not say when i was getting paid. Apparently we have a meeting tomorrow so hopefully will shed some light on the situation.

I will be ringing ACAS as well tomorrow before the meeting so if she tries to fob me off i will have something to say about it.
will let you know how i get on.

[jules2008]

Re: employer not paying wages on time!

had a meeting yesterday and was told that they cannot afford to pay me so i am not very happy!

Also she told me that it was up to me if i wanted to continue working there and she did not know when or if i would b paid.

I rang ACAS and they have said i can take my employer to an employment tribunal but that will take ages and is not gonna help me in the short term.

I really dont know what to do at the moment but at least i know my options.

[enaid]

Re: employer not paying wages on time!

Here is some info for you Your rights if your employer is insolvent : Directgov - Employment
If you are owed over £750 you can be the one to make the person who owes you the money bankrupt, info on that here http://www.insolvency.gov.uk/pdfs/gu...akesomeone.pdf
As you have been there such a short time you don't have many rights at all unfortunately.
If the person running the business isn't able to pay you, then it is highly likely that others are not being paid also. If this is the case then they won't survive long and other priority debts would come out of any assets first.
I would give CAB a ring see what they advise and also Jobcentre as to what benefits you would be entitled to for the time being.

[consumerwarrior]

Re: employer not paying wages on time!

you have a statutory right to be paid, though there is not, to my knowledge, guidance on stating it must be regular - unless this is in the contract (which you do not have).

your are covered by a contract that has emerged as a result of the on-going relationship between you and the company, in the sense that it is clear a relationship of a legal nature has been formed: i.e, you are working in the consideration of being paid.

if they do not pay you correctly, then you should raise in the first instance a grievance.

if your employer is insolvent, it is not guaranteed if/when you will get your money, but certainly it sounds at least like a breach of contract and potentially an unlawful deduction of wages.

You could also resign (though I don't recommend it) claiming a breach of mutual trust and confidence - to the extent that not being paid destroys your relationship to such a fundamental degree that you have no choice but to resign. On this basis, you could follow through with a constructive dismissal case.

If they can't afford to pay you they should make you redundant and follow all the correct procedures, and not wait for you to 'decide' if you want to continue or not.

tribunals are emotionally stressful, time intensive and physically draining. You may go all the way to win, but only win the trophy prize of being right, since your employer has nothing to pay you with anyway.

sorry I can not bring more sunshine than this, but hope it helps a little . . .

[Tools]

Re: employer not paying wages on time!

How much do they owe you and are you still working there?

[vikki1980]

Re: employer not paying wages on time!

hi

i am due to be paid on the 16th of every month but for the past 3 months they have paid us late we all have bills coming out i am just trying to find out if i have any standing against them i have a contract stating i get paid on the 16th someone please help me

[SpringerSpaniel]

Re: employer not paying wages on time!

You are entitled to take them to the Employment Tribunal for unlawful deduction of wages for any money owed. This won't be very quick but it will put you further up the queue. If necessary you can then apply to the County Court for enforcement of the ET order.

Theere is a scheme where the government gives you some compensation if you are working for an organisation or company which ceases trading.

I agree with the poster who says you should look for alternative employment asap.