My boss is not paying me

[Lagoon90]

Hello everyone,
I have a problem about my monthly salary and I'd need a suggestion. I'll be concise so please feel free to ask for further information.


Basically, I work for a small company and I have a full-time contract. I should be paid the last Friday of every month but is almost two month that I didn't got my salary. I talked with my boss about that and he told me that the reason why he's not paying me is because our clients are not paying for the work we've done. I don't even know if this is legal or not, I'd like to be sure about that.


I need to be paid as soon as possible and I don't know what to do.
Thank you for your help

[des8]

Re: My boss is not paying me

Hi and welcome.
The fact your employer is not being paid by his clients is nothing to do with you.
Your employer is in breach of the Employment Rights Act 1996, section 13.

I suspect the action to take will depend on how long you have been employed by them and if you wish to remain in their employment.

[samsmoot]

Re: My boss is not paying me

I'd write a firm letter - something like:

'Dear [Name of Company],

As you are aware I am owed ŁXXX.XX salary in respect of the period [Date] to [Date]. I should have received my wages by [Date] but payment is now well overdue. Can you therefore please arrange for the outstanding amount to be immediately paid into my account.'

You could leave it there and see what happens, but if you think you won't be penalised for it you could get slightly more assertive and go on:

'I am in desperate need of my money and unless it is paid within 7 days from the date of this letter I will have no alternative but to seek payment of it via a claim in the County Court. I do hope this won't be necessary.'

Your approach might be dictated by how much personal offence might be taken - you say it's a small company so a heavy handed approach may make you unpopular. Saying that, even a large company can choose not to renew your contract if they don't like your attitude.

[des8]

Re: My boss is not paying me

If you write as per Sam's advice and threaten CC do head the letter "Letter before action". But only use the threat if you intend to follow it through.

If you have been there less than 2 years the company need no reason to fire you,so if they pay you under what they may consider a threat, they may well then decide to "let you go".

[Lagoon90]

Re: My boss is not paying me

Thank you very much for your advice! What do you think I should do if my boss still don't pay me? Do you think I'll ever have the money he owe me?

[des8]

Re: My boss is not paying me

if you write as per letter carry out threat and sue in county court.

In the letter you could mention that as they are paying you zilch, that is below the minimum wage and you may report it to HMRC. (as per Teaboy's advice on other threads)

send letter signed for

[Lagoon90]

Re: My boss is not paying me

thank you very much for your advice mashappy:

[teaboy2]

Re: My boss is not paying me

if you write as per letter carry out threat and sue in county court.

In the letter you could mention that as they are paying you zilch, that is below the minimum wage and you may report it to HMRC. (as per Teaboy's advice on other threads)

send letter signed for

And we all know that no rogue employer or even respectful employer likes the HMRC visiting their premises to investigate every nook and cranny lol!