Employer didn't pay me

[adxable]

Hi, I was fired after 2 weeks because of being late . It was on Monday 12.10.2015. My manager told me I will be paid by cheque on Friday 16th. I went to company (16.10)
but they told me they don't have my cheque yet. I wrote an email to HR:
ps David is my manager


Sent: 16 October 2015 15:05





Hi, Can you explain to me why i haven't been paid today ? I thought this is regulated by law. I don't want to make problems to your company but you are acting unfair and you don't care about my situation.

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Sent: Friday, October 16, 2015 5:28 PM
Hi Adrian

Your final payment has been made by cheque. It has been posted out today so you will be able to collect your cheque from (my ex job) from Monday on return of any uniform.



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Sent: 16 October 2015 17:15

Hi,

I know its not your fault so no offence to you .David said i will be paid on this friday. I can wait, its not end of the world but pls tell to David to be more accurate in the future because he spoiled my plans for the weekend.

Best regards,
Adrian
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Sent: Friday, October 16, 2015 6:25 PM




Hi Adrian

Please accept my apologies for any confusion. Have you returned all your uniform etc? This may be why you have been paid by cheque.
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Sent: 16 October 2015 17:41



Hi,

Thank you. In my opinion David supposed to inform me that I'm not gonna be paid on time like you used to do in your company.
I returned all uniform and some lady (assistant manager i think) told me i have already money on my account. I checked it but she was wrong.

She went to office and after few min she told me i will be paid on Tue-Wed. You are telling me on Monday .
I would like to know when exactly because i dont want to spend money again for fuel and parking for nothing.

Best regards,
Adrian
__________________________________________________ __________________________________________________ __________________________________________________ __

Hi Adrian

The information I have been given is that payroll have sent your last payment by cheque and it has been posted today.

I would advise calling David on Monday to see if it has arrived before you make the journey.

David – please can you check the post tomorrow and Monday and call Adrian to advise when he can collect it? Thank you.

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David hasn't call to me but they said my cheque was sent on Friday (16th) so i went to my employer to get it on Wed (21th) and again they told i have to wait because they don't have my cheque. I called to ACAS but they told me i need to write an email to them and give them deadline. I think they had deadline.
What can i do ? It is about 300 pounds for 1 week work.

Regards,
Adrian

[judgemental24]

Re: Employer didn't pay me

This is now ten days after the event. It is obvious they are spnning you a line.

Not only do they owe you two weeks wages but probably a weeks contractual notice as well

You need to send them a letter before action and head the letter

LETTER BEFORE ACTION

Say you have been more than resonable but unless payment is received withn 7 days a claim will be submitted to the Employment Tribunal Service under section 13 for unlawful deduction of wages

What line of work was your employer??

[dan_1207]

Re: Employer didn't pay me

Thought also needs to be given to whether or not OP is actually entitled to pay. The strict contractual position is that wages are not due unless the employee has provided consideration - this depends on the effect of being late - this is not fully explained.

Pay in return for work. Contracts in which the consideration is the actual performance of work by the employee. Piece-workers and hourly-paid employees with no guaranteed hours would fall into this category.

Pay in return for service. Contracts in which the consideration is the employee's "readiness and willingness" to work if they are able. Employees paid a salary or weekly wage would normally fall into this category.

OP - which category are you in?

[matt3942]

Re: Employer didn't pay me

I would say that's a moot point now as the employer has assured the OP that a cheque has been issued.

- Matt

[judgemental24]

Re: Employer didn't pay me

I would say that's a moot point now as the employer has assured the OP that a cheque has been issued.

- Matt

Exactly

[Adrasteia]

Re: Employer didn't pay me

Well the OP has not been back so I am guessing that they have been paid
If it was within the first 2 weeks I doubt any notice pay would be needed


Adrian
I think you need to keep matters factual and as inoffensive as possible , all you want is to get your pay

Judgemental
Are you really recommending an ET for 2 weeks wages?

[judgemental24]

Re: Employer didn't pay me

Judgemental
Are you really recommending an ET for 2 weeks wages?

Yes, even if it was only one weeks wages if they fail to address a statutory right after a letter of grievance and not corrected within a reasonable time frame. That being section 13 ERA

I give them one chance to show i am being reasonable

[Adrasteia]

Re: Employer didn't pay me

I only ask because of the costs involved upfront , unless of course you get fee remission

Talking about it at this early stage seems a bit heavy handed

[judgemental24]

Re: Employer didn't pay me

I disagree, it shows you mean business

And as it is a breach of a statutory right these things normally get concluded anyway at the ACAS concilliation stage.

That way there are no upfront fees which will be claimed back anyway through the tribunal for breach of that protected right if it gets that far

[Adrasteia]

Re: Employer didn't pay me

That's what is wrong with this country, everyone is too quick to litigate when negotiation is best

Its all well and good to say the money is reclaimable, lots of people don't have that sort of money

[judgemental24]

Re: Employer didn't pay me

That is why you have the ACAS conciliation service

It is the employer at fault by breaching the contract of employment in not paying the wages to begin with

[dan_1207]

Re: Employer didn't pay me

I would say that's a moot point now as the employer has assured the OP that a cheque has been issued.

- Matt

Ah yes, that ol' chestnut - "the cheque is in the post".

[matt3942]

Re: Employer didn't pay me

My point was that whether the OP was entitled to be paid or not is irrelevant as the employer has agreed to pay the OP.

- Matt

[dan_1207]

Re: Employer didn't pay me

My point was that whether the OP was entitled to be paid or not is irrelevant as the employer has agreed to pay the OP.

- Matt

Whether or not an employee has agreed to pay does not necessarily, in and of itself, create a legally binding contract. Therefore, simply saying "I have sent a cheque in the post" does not create a legal obligation to actually pay. Accordingly, the question of entitlement remains the only relevant point here.

If the starting point is that he is *not* entitled to be paid, the fact that he's been potentially lied to about posting a cheque means nothing, as far as enforceability goes.

[judgemental24]

Re: Employer didn't pay me

Entitlement to pay will depend on the express terms in his contract of employment

You cannot deduct pay for being late unless contractual provision permits, i would think that contractual term would be an unfair term as such issues as lateness will be part of the employers own disciplinary process

The normal process by agreement is to "work off" that deficit with "Unpaid overtime" by mutual consent to make up any lost time