Non-Payment of Wages .... Advice required....

[stav4187]

Re: Non-Payment of Wages .... Advice required....

TeaBoy2 - once again many thanks for the advice - i sent my employer the email last night and he has emailed me today accepting that he agrees to pay me as per the letter i sent.

Please find attached his letter of mutual termination of contract - however the letter does not state that it is a mutual termination of contract and he states that he has drawn the letter up and used clause 1.17c when in actual fact he means 1.18c as per my contract !!! HOWEVER he is using the excuse that i have not carried my duties out to his satisfaction !!! I totally disagree with this as the issue started when he failed to pay me due to his cash flow issues...

What would you suggest my reply is ??? or should i draw up a mutual termination of contract....

Regards

[teaboy2]

Re: Non-Payment of Wages .... Advice required....

Ask him to amend the title to "Mutual Termination of Contract of Employment Agreement" and ask him to remove any mention to terms in the contract of employment (1.17c & 1.18c), as the whole point of a "Mutual Termination of Contract of Employment Agreement" is for it to supersedes the employment contract and therefore it ends your employment contract on the agreed date of effectual termination and replaces your employment contract between you and the company, until such time the company decides to re-employ you.

Plus 1.18C states the the employee fails or ceases to perform his/her duties to the satisfaction of the employer, which is a misrepresentation of the actual situation, as it was the employers failure to pay wages that led to this situation not any failure or cessation of duties on the employees part.

Also ask him to add the following.

5) Should £xx monies owed (including sum owed for 1 months notice period) to Mr XXXX (Enter your Name) remain unpaid by the effective date of mutual termination (21st June 2014):

(a) Section 1, 2, 3 and 4 of this agreement of "mutual termination of employment contract" shall cease to have any effect,
(b) and all monies due (but not yet paid) will become immediately payable,
(c) and Section 1, 2, 3 and 4 of this agreement of "mutual termination of employment contract" shall only take effect in its entirety once the monies owed are paid in full.

6) Should this Agreement cease to have any effect as per section 1 above:

(a) The employer (company name) agrees to ensure that payment of outstanding monies (of any amount) under section (5) is paid in full within a reasonable period of time, not exceeding 30 days after the date of 21st June 2014. After said 30 days have past and payment is not made in full, the employee may inact his right to commence legal action on or after the 21st July 2014.

(b) Both Employer and Employee agreed not to require or demand that either employer or employee carries out any term or duties under the employment of contract - Except for in regards to payment by the employer of monies owed for unpaid wages, notice period and accrued holidays.

(C) The Employer agrees to any item mentioned under section 4 (C) of this agreement, is only returnable once the employer has fulfilled his obligations under section 5 to the employee, and

(D) the employee, agrees to return items mentioned under section 4 (C) of this agreement, within 14 days, from the date the employer has complied with section 5 of this agreement.

(i) - Should the employee not return said items under section 4 (c) within 14 days of the date the employer complied with section 5, then the employee will become liable for the cost/value of said items and the employer may take legal action to either reclaim those items or the value of those items.

(e) should the employer fail to honor section 5 he agrees the the employee may keep as security any item mentioned under section 4(c) of this agreement until such time the employer has compiled with section 5 of this agreement, and

(f) the employee agrees that any item mentioned under section 4 (c), that is kept as security as per section 6(e), will not be used, sold, given away, destroyed or duplicated/copied in any shape or form by him, and that he will take reasonable care of such items and agrees to return said items once the employer has complied in full with section 5 of this agreement.

7) Once all terms of this agreement have been meet:

(a) this agreement will come in to effect in it entirety. And,

(b)any previous Contract (Contract of employment) between the Employee and Employer will cease to exist, and shall be deemed to have been mutually terminated by both employer and Employee. And,

(c) both parties agree that all contractual and non contractual obligations and/or liabilities of both parties will be extinguished.

8 Both parties to this agreement also agree that this agreement:

(a) falls under the jurisdiction of the courts of England and Wales. And,

(b) should a court find any term(s) in this agreement as being unlawful or invalid for whatever reason, that term shall cease to exist, whilst all other terms will remain enforceable and valid.

That then means your protected, and he can not say after the 21st June that he does not have to pay you anything. Yes i noticed he made no mention of paying the money - Crafty sod. It also means, you keep the items he requested being returned as security until he pays you in full what he owes you. He won't like that bit, hence why i put the part in where your obliged to not use, sell, or give away those items in any shape or form and will take reasonable care of them. This means you can not use those items full stop including making any copies (take photos of physical items on the date you return them showing them in working order, and screen shots of any software as its running with the date in the toolbar clearly showing). Section 5 also gives the employer an extra 30 days (up to the 21st July 2014) to pay up in full or face legal action, which is fair and reasonable.

Advise your employer that your adviser drew up the above terms to be added, because the agreement in its original format as presented by him, did not give you any protection or mentioned anything about the outstanding sums owed to you - And was therefore one sided and would likely be deemed an unfair in contractual law. Where as with the additional terms, both parties are equally and fairly represented and protected, which am sure he will appreciate and understand the need for both parties to be equally treated and protected in a fair manner.

[teaboy2]

Re: Non-Payment of Wages .... Advice required....

Have you heard anything back from the employer yet Stav?

[stav4187]

Re: Non-Payment of Wages .... Advice required....

TeaBoy 2 - hi and thanks for the contact again.... i emailed as you suggested and never heard a thing at all !!! so i drew up a copy of the mutual termination myself and sent it to him - as yet i have had no reply BUT my wages owed were paid into my account apps 1 hour ago.... i have emailed him for an update on the 1 months notice plus holiday pay and asked if he will look at and sign the mutual termination contract... lets see what happens....

[teaboy2]

Re: Non-Payment of Wages .... Advice required....

TeaBoy 2 - hi and thanks for the contact again.... i emailed as you suggested and never heard a thing at all !!! so i drew up a copy of the mutual termination myself and sent it to him - as yet i have had no reply BUT my wages owed were paid into my account apps 1 hour ago.... i have emailed him for an update on the 1 months notice plus holiday pay and asked if he will look at and sign the mutual termination contract... lets see what happens....

Hi Stav

Well am pleased to hear you got your wages that were owed to you for work you did up to the 14th May, now lets hope hes quick at sorted your 1 months notice out for you too. Let me know if you hasn't replied by this time next week mate. Hopefully he's going to keep to his word and give you your 1 months notice pay.

Keep copies of all communications (emails/letters) including the one where he asked you not to do any work for him until you got paid, just in case he decides to play the awkward bugger.

Have you had any look finding any other work in the mean time?

[stav4187]

Re: Non-Payment of Wages .... Advice required....

TeaBoy2 - thanks again and just to ensure you can sleep tonight without worrying - i have kept ALL communications.... lol.... no luck as yet with another job (do you have any).... I will let you know as soon as i hear anything else....

[teaboy2]

Re: Non-Payment of Wages .... Advice required....

Well i might have something you might be interested in, i just started a new product range literally yesterday selling another companies products in exchange for commission (dependent on hitting total order values targets - Which are pretty low anyway). Which given the nature of the company the products are provided by, you may be interested since your marketing skills would prove very useful too you. Obviously i can't say more on here due to site rules about advertising commercial activities, and am not certain how it would work out, but some kind of partnership with my website and eCommerce skills and your Marketing Skills would go hand in hand (so to speak). Anyway if your interested in more details send me a private message mate, as can give you more details in a private messages since they are not public like this forum thread is. Though i still have some questions of my own, whilst i get my head round everything, to ask my contact from the other company! As it quite a lot to take in with everything else i have my mind busy thinking about and working on lol.

Am glad you still got copies of everything, because if you hadn't you'd be stuck in regards to the notice pay if he decided to not pay it lol.