Haven's been paid for 6months

[Ana Silva]

I am working in part-time as a carer. In February I submitted my timesheets late and since then my company haven't paid me for those hours and they don't know when they are going to pay me. They tell me that the social services need to pay them so they can pay me back, but they also say that they are chasing the social services but still have no answer which it's hard to believe... I have been calling them constantly, but 'I don't know' is always the answer they give me. Is this normal? Is it possible that a company does not know when they are going to pay an employee? What should I do?

[seduraed]

Re: Haven's been paid for 6months

Get another job they're crooks! Ring social services tell them that you are not being paid see if that will move things along. You need to start a paper trail as it is possible that you will need to go to court . Write in again with copies of the time sheets and asking for payment within 7 days .
IT maybe that you need to speak to Trading standards as this is unlawful with-holding of wages .

[Ana Silva]

Re: Haven's been paid for 6months

There is a problem...I don't have a copy of my timesheets, but they do have those hours in their system... I also have emails sent from them which shows that I worked those hours.

[Johnboy007]

Re: Haven's been paid for 6months

Hi,
It is illegal to stop payment for work carried out.
There is only certain things that an employer can deduct...
Tax, National Insurance, any other agreed deductions with the consent of the employee.
Because Social Services have not paid your employer, it is no excuse for them not paying you your wages.
Keep all documentation, including emails.
Write to the company, pointing out that they are acting unlawfully by withholding your wages.
Give them ten days to pay you what is legally yours.

The following is from the government website .gov.uk
5. Deductions from your pay

Your employer isn’t allowed to make deductions unless:

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
• you agree in writing
• your contract says they can
• there’s a statutory payment due to a public authority
• you haven’t worked due to taking part in a strike or industrial action
• there’s been an earlier overpayment of wages or expenses
• it’s a result of a court order

A deduction can’t reduce your pay below the National Minimum Wage rate, even if you’ve agreed to it.


You have the right to go to an Employment Tribunal to get your money.
be firm with them and demand your wages.
Johnaw:

[Ana Silva]

Re: Haven's been paid for 6months

Thank you very much John. Very helpful.

[des8]

Re: Haven's been paid for 6months

Probably not worth risking Employment Tribunal here your fees will be about Ł390 (unless you qualify for remission).
If push comes to shove County Court is cheaper!

As Seduraed suggests start the paper trial, even if you don't have the actual time sheets you can still ask for your outstanding pay.

[Johnboy007]

Re: Haven's been paid for 6months

Des8,
Because this is an employment issue, a tribunal is the correct procedure.
Costs are awarded by the tribunal on reaching a decision.
If Ana Silva is correct in what she says, then it is likely that the tribunal will make her employer pay costs.
Ana Silva could also claim any expenses that she had to bear as a result of the action.
This is the correct procedure to follow.
What cases the tribunal can deal with

The tribunal can deal with a wide range of claims, eg:

• unfair dismissal
• discrimination
• unfair deductions from your pay

Before you apply to the tribunal

See if 
there is another way to solve the problem before you apply to a tribunal - 
eg, using a grievance procedure.
You must contact Acas (Advisory, Conciliation and Arbitration Service) to use their free ‘Early Conciliation’ service before applying to the tribunal.

You’ll get a certificate from Acas that you’ll need for your employment tribunal claim if conciliation doesn’t work.
The deadline for applying to the tribunal is extended by the amount of time you spend in conciliation (eg, if you spend 2 weeks in conciliation, the deadline for applying to the tribunal is 2 weeks later.) You’ll always get at least 1 month to apply to the tribunal.
Acas
Telephone: 0300 123 1100
Textphone: 18001 030 0123 1100
Monday to Friday, 8am to 8pm
Saturday, 9am to 1pm
Find out about call charges


Always, always, stick to the procedures to stand any chance of winning your case.
Step outside of these and it's case dismissed...
Johnaw:

[Johnboy007]

Re: Haven's been paid for 6months

Ana Silva.
Here is the link for ACAS..
http://www.acas.org.uk/index.aspx?articleid=4028
Johnaw:
P.S
You usually have to apply to the tribunal within 3 months of your employment ending, or the problem happening at work.

[des8]

Re: Haven's been paid for 6months

If one is owed, or believes one is owed money, one may commence proceedings in the county court.
Just as correct as going to Tribunal.

[Johnboy007]

Re: Haven's been paid for 6months

Hi Des8,
I keep coming back to it mate...
It's all down to procedures.
Yes you can go to a civil court, but the other side can claim that you did not follow procedures, thus giving them agreed acceptable methods to reach a settlement.
I speak from personal experience as a, now retired, senior shop steward in the retail business.
If Ana Silva is still employed then Tribunal is the only acceptable solution.
Best wishes,
Johnaw:

[des8]

Re: Haven's been paid for 6months

Agreed one needs to offer an ADR, but that doesn't have to be tribunal. Mediation would satisfy CPR requirements

[Johnboy007]

Re: Haven's been paid for 6months

Agreed one needs to offer an ADR, but that doesn't have to be tribunal. Mediation would satisfy CPR requirements

This is already covered with A.C.A.S
They are the required mediation before Tribunal.
Regards,
Johnaw:

[Ana Silva]

Re: Haven's been paid for 6months

Thank you all very much for your replies. I really appreciate it.