I was due to get paid today as i get paid on the 7th of every month. However i got made redundant on Wednesday with immediate effect, after working there since May 2015. In my contract is states there is a 4 week notice period to be given by me employer and it states i get paid on 7th of every month. 3 existing staff who are currently employed have been paid today but a the few who got made redundant have not been paid. I raised the query with the MD and he responded that all the staff, old and existing, will be paid Monday as the 7th falls on a weekend. Clearly he has lied as I'm aware existing members of staff have been paid today. What rights do i have? Is this a breach of contract? And I'm also aware he has to give me notice of atleast the statutory 1 week notice for redundancy?
Need advice re Pay
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Re: Need advice re Pay
To be honest I wouldn't worry to much about the move to Monday, I hate it when pay day falls on a Saturday, especially bank holiday weekends!
You are contracted for 4 weeks notice. I believe this is still required therfore you should be getting pay in lieu of notice.
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Re: Need advice re Pay
Have you previously been paid when the 7th has fallen on a weekend? I don't think there is anything you can do until after Monday - the explanation is reasonable at the moment. I agree with you it doesn't sound great if your MD is known for not paying people, so understand this weekend is going to be a bit stressful. If you aren't paid on Monday then you should get in contact with ACAS. Does the MD have a habit of making people redundant just before they have worked there for 2 years?
You should be paid for your contractual 4 weeks notice period. The statutory notice period would only apply if you had a shorter contractual period than the statutory.
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Re: Need advice re Pay
Thanks for the advice. I will wait until Monday but where the 7th has previously fell on a weekend he has always paid us the friday before. In regards to my 4 week statutory notice, if he witholds pay. What options do i have? He has paid members of staff who are still employed there and yes, he does have the habit of making jobs redundant before 2 years is nearly due.
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Re: Need advice re Pay
Sorry if this post is a bit late and you have already finally been paid. However if you have not then you are entitlement to your contractual notice plus any pro rata holiday entitlement not taken up to the time you were made redundant.
I suggest working out what these payments are gross as they will be subject to your normal tax and NI deductions. You then need to put this in writing to him and requesting immediate payment together with your final payslip and P45.If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com
I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.
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