Not Been Paid!

[hb22]

I was wondering if anybody could help me. I recently started a part time job for a small independent children's centre, and got told I would be paid weekly in cash. When it came to pay day, not a word was mentioned until I questioned my employer about it, and they responded telling me they would pay me on Monday because they had not been paid by parents. When I came into work on Monday they explained that they would have to change they way they paid me to monthly because they still had not been paid themselves. Yesterday at the end of my shift I mentioned again about pay (notice how it is always me mentioning about pay!) and I got told to return to the center to get paid as we were offsite for the day. I went to the center and I got told that they could only pay me for one week out of the 4 I worked, because they still had not been paid. They then tried to say I had already been paid cash in hand for one week, when they 100% hadn't. They also told the 2 other employees that they could not pay them their full months wages. Also, I still have not signed a contract. I was wondering where I stand with this. I feel because I'm still young and this is my first job, as are the other part-timers, they feel they can take us for a ride. What can I do to make them pay me?

[wales01man]

Re: Not Been Paid!

Time to walk away find another job.
Bunch of shysters there

[des8]

Re: Not Been Paid!

Hear hear, Wales.
What a lousy start to your working life.
First find another job, then walk.
You should be given written terms & conditions of employment within a month (I think) of starting.
You don't have to sign a contract.
If they said paid weekly, that's what they should do.
When you were paid did you get a written statement of your pay, and deductions (if any) made?
Keep your own written record of the hours you work, and the pay (if any) you receive.
When you leave ask for all outstanding monies, and if they are not forthcoming consider suing them.
You'll get the help and support you need here.

[hb22]

Re: Not Been Paid!

I haven't been given any terms & conditions. I got a statement that included the hours worked and amount that got transferred into my account, and i've got a long list of hours and how much the owe me. Me and another part timer are going to go in and speak to them, but we are worried that they won't take us seriously.

[des8]

Re: Not Been Paid!

If they genuinely can't pay the staff (were the other employees paid?) because parents have not paid, they can't be running their business properly, and it is yet another pointer to finding alternative job (if there are any in your area).
If they allow their clients credit, it should not be at the expense of the staff.
If they could only pay a quarter of your wages, how much credit do they allow parents?
Don't let them belittle you, & remember there is no point holding on to a job which doesn't actually pay any money.

[righty]

Re: Not Been Paid!

What's the point of going to work for these shysters if you can't be sure you'll get paid. As previously stated leave & find another job, then at least you'll spend your time for your benefit not theirs. Suggest you confront them & tell them your leaving immediately if they are unable to pay you in full AND you'll report them to the Job Centre just an case they ask the JC for more victims to work for them

[Johnboy007]

Re: Not Been Paid!

Hi,
You do have a contract of employment, even if it is only a verbal one.
The employer has acted unlawfully in not paying you for the hours you worked.
He/she must still pay you, even if they have not been paid by their clients/customers.
You have the right to go to an Employment Tribunal to get your money.

Your employer must give you a wage slip, you are entitled to one, so ask him/her for it.
Then there can be no doubt about when, or what you was paid.

You should talk to the other people who haven't been paid, and tell them what I have written.
Then go to the employer and tell him that you are going to complain to a tribunal if he/she doesn't pay you your wages.
If you’re forced to resign as a result of your employer refusing to pay you, you might be able to make a constructive dismissal claim in an Employment Tribunal.

I know this is your first job, but you and the others who haven't been paid, are being exploited.
May I ask how old you are?
If you need any more help, let us know.

[wales01man]

Re: Not Been Paid!

Would it cost the OP to go to a tribunal?

[Johnboy007]

Re: Not Been Paid!

Hi Wales,

The tribunal award costs in all cases, or they may not award any. Depends on the case.
In a case such as witholding pay, if proven, then the Tribunal will make the Employer pay the costs.
Only if an employee brings a case that is frivolous, or has no chance of success, will the employee have to pay.
So, based on what we have been told by the OP, then he will not have to pay anything.

[wales01man]

Re: Not Been Paid!

Thanks JB didn't paying good money outwant them