unpaid, no contact no payslips etc

[Andy t]

Hello all, im Andy i work in the construction industry(uk) im having problems at work, i havent been paid now for two weeks, i was told my first week payment would be late and would be paid the following day on saturday , this did not happen, at work monday my on site foreman had, had contact with my boss who says ity would be in tuesday, this also did not happen, we were told wednesday/thursday we would be paid again no pay , friday we were told two weeks money would go in the bank after 2.30pm, only for my foreman to receive another phone call around 4.15pm when leaving site that we would be paid cash this did not happen.
during this time i have phoned countless times and left many messages all to be unanswered! i phoned acas and they said to give him a 14 day notice to pay up.
i did write a email expressing my grievance, but did not include 14 day notice.

there are only five lads working for this company and we are all local to each other and we all plan to go visit his house in the morning to ask about the wages.we travel the northwest uk and cannot afford now to get to work which only leaves this option open.

this has happened around 4-5 times in the last 12 month,

a quick online check of the company shows it is under a cva!

have not recieved a payslip now for 18 month and i know for a fact that the rest of the lads havent recieved a p60 for two years on the run!

my contract states im to be paid on a weekly basis on a friday.

where do i stand what to do next etc etc

Andy t

[charitynjw]

Re: unpaid, no contact no payslips etc

Hi Andy, & welcome to Legal Beagles.

As you have mentioned P60s, I am guessing that you are employed under a contract of service (ie not self-employed).
(I did notice that you did not mention yourself when referring to the P60s, though)

Even if you were s/employed on paper, your employment status sounds like it would be classed as 'employee', as you seem (from your post) to be working for only one person on a regular weekly basis. (There are various 'tests' to prove status).

Withholding wages is classed as wrongful dismissal, & can be actioned via either an Employment Tribunal or a Court.
The time limit for an ET claim is 3 months (less 1 day) from the cause of action; for Court it is 6 years.

[Andy t]

Re: unpaid, no contact no payslips etc

Hi Andy, & welcome to Legal Beagles.

As you have mentioned P60s, I am guessing that you are employed under a contract of service (ie not self-employed).
(I did notice that you did not mention yourself when referring to the P60s, though)

Even if you were s/employed on paper, your employment status sounds like it would be classed as 'employee', as you seem (from your post) to be working for only one person on a regular weekly basis. (There are various 'tests' to prove status).

Withholding wages is classed as wrongful dismissal, & can be actioned via either an Employment Tribunal or a Court.
The time limit for an ET claim is 3 months (less 1 day) from the cause of action; for Court it is 6 years.

thanks for the reply,

i have recieved all my p60's as im the only one out of 5 of us that there who has a son under 16 and was needed to asses the amount im owed in child credits etc, the rest of the lads i know havent been given there's!!!

i have not received a payslip for around 18 month and all i get back from the boss is that the pay clerk is abroad!!!!

i do have a contract in place as a employee(not self-employed)

we have been to see the boss at his home this morning and tried to talk things through, because we are not on site this morning the contractor are planning to bring another ground works in to complete the job,unless we return tommorow and carry on as usual they will release a cheque to the boss for us to be paid, (they had stopped this cheque as there was no plant on site and the work was stopped, all plant is arriving tommorow).

i just feel this is the last throw of the dice to be paid before we have to take it one step further.

would i have such a case at a ET given what ive written here?


thank you for your time much appreciated

Andy

[charitynjw]

Re: unpaid, no contact no payslips etc

As an employee you have a right to be given a payslip.

See https://www.gov.uk/understanding-your-pay

In my opinion your employer is on very thin ice.
If it were me, I would consider an online claim (MCOL) via the County Court, but it would be wise to check the pros & cons for CC & ET.

[Andy t]

Re: unpaid, no contact no payslips etc

As an employee you have a right to be given a payslip.

See https://www.gov.uk/understanding-your-pay

In my opinion your employer is on very thin ice.
If it were me, I would consider an online claim (MCOL) via the County Court, but it would be wise to check the pros & cons for CC & ET.

after being told once again on fri 18th oct) that we would be paid today monday(21st oct) after 10 o clock, ive got up to go to work this morning to be met by the boss at one of the lads houses(where all local and so is the office which is where we planned to park up) , for him to say he wants us on site and if we dont go we wont get no money/cheque from the contractor, i explained that i dont have enough fuel to get to and from(55 mile round trip) work due to not being paid now for 3 weeks , and was met with the comment right ill just go to the job and put "agency" lads on the job(surely i cant just be pushed out like this)?

its now into a fourth working week with no pay , ive used all available help money wise such as savings and help from family !

im just expressing my anguish to be frank i will be phoning acas to see what they can help me out .............