Late wages and redudancy

[Bobby_V]

Hi,

Im looking for some help to resolve a few issues with my (ex) employer.

My wages for the Month of October have still not been paid to me, i had already sent my employer (at the time) a letter of grievance based on this. They came up with a payment plan to pay me my wages in instalments, the first of these was due 14/11 and the balance by 05/12, only half of the expected total as per the plan was received for 14/11, i had no verbal or written advice stating this. I have now sent them another letter of grievance which ACAS advised me to do.

Further to this i have now been made redundant from my position 10 months after my employment began, my warning of this was an email asking for a meeting to discuss "my role and the future", not a word of redundancy in the email but it was announced in the meeting that my position was no longer available since the company carried out a gap analysis.

In all, i'm looking for some advice on 1, Can they breech my employment contract by not paying me and then not keep to the payment schedule and 2, should i have not received clear prior notice that i may be made redundant. i would also like to know if i should have received a written statement following the meeting stating that i was now redundant, the meeting was over 7 days ago and i would have thought i should have received something if only a statement of what was owed to me, so far all i have is a closed email account and none of the management answering their phones so i can discuss it further.


Additional info
Company Type: Limited
Company Size: 15-20 Full time employees


Any help would be hugely appreciated.

Yours

Rob

[rtbm]

Re: Late wages and redudancy

Imo, they can't do this. They can't not pay wages you are due and surely, the payment of wages should be something that should be discussed amicably and resolved in a way both employer and employee are happy with. Not too sure about that. I am almost sure the company needs to warn you beforehand if there is a chance you could lose your job, before the meeting. The letter sounded too ambiguous to me and I'm certain you should get confirmation of the fact. Further,ore, I don't think you've been treated very well here. Good luck to you.

[teaboy2]

Re: Late wages and redudancy

You may have grounds for automatic constructive dismissal for breach of contract - Which automatically (hence the word automatic before constructive dismissal) qualifies you to take the matter to Employment Tribunal, regardless of duration of employment. Though your best bet would be county court to reclaim monies owed to you, given you have only worked their for 10 months. Note statutory redundancy entitlement is just 1 weeks pay per 12 months up to 12 years. Though your contract may entitle you to more, if the company has its own redundancy plan where redundancy payments are more than the statutory minimum.

So work out what is owed in wages still and in redundancy pay, and send them a letter before action, giving them no less than 14 days to pay what is owed to you, pointing out you will not settle for another repayment plan, as they were not able to keep to the originally agreed repayment plan and are therefore unlikely to keep to any new repayment plan. Also make it clear, if they do not pay within 14 days you will issue a court claim against them for the monies owed! - Make clear that its the Civil Court and not Employment Tribunal that you are taking them too.

By the way its unlawful to not pay you wages due as per section 13 of the employment rights act 1996, that protection you from unauthorised deductions of wages, which includes not payment of wages.