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Hello LegalBeagles!
I am usually due to get paid on the last working day of the month (29th Sep). This didn't happen. All employees received an email from the boss at 5pm stating that last few months have been tough - that they are in a cashflow hole - that they need to pay vital suppliers - and can not pay salaries this month.
They then say that if we have any urgent payments that can't wait, to let them know ASAP - so I ask for a % of my pay that will cover absolute essential bills. I get paid this last Saturday. I have since sent an informal email to the boss asking for some clarity of their plans to pay back me/others the remainder of the salary.
I have also spoken to ACAS and they have said that I have done all the right things but must wait a reasonable amount of time before receiving a response. If there is no response I can then raise a formal grievance about my pay issues to my employer. Again, if there is no or no satisfactory response from them, ACAS offer a free conciliation service - Failing that, it goes to an employment tribunal. ACAS need to get involved within 3 months (minus 1 day) of the day of detriment so in my case, the 29th Sep. There is no timeframe on when a (if it gets that far) tribunal date will be set as it depends on some factors.
I suppose in my case, "get out and find another job" is the easy answer, but my profession is quite niche and not as simple as get another job. I suppose my question is, how long to I leave it with my current employer before I just give up with them - assuming they do not pay the remainder of my September wages in the next few weeks and maybe even my October wages?
My conundrum is this... I do have income protection insurance for unemployment, but it only covers "compulsory redundancy" so it would mean I would have to wait for them to shut the doors / become insolvent rather than leave of my own accord if I don't find a job in the meantime. They will not pay my unemployment benefit if I resign - even if it was a forced resignation, i.e. if I went down the "constructive/unfair dismissal" and my case was won in court... which is a little unfair in my opinion as I would have lost my job through no fault of my own! I didn't get paid the correct amount and owed wages which forced me in to a position to leave!
Is there anyway around this so I could claim "compulsory redundancy" through my employer not paying me my full wages on time, without having to wait for them to go pop! / insolvent, and without having to resign of my own accord, otherwise my income protection insurance won't pay out, and that would be a bit of peace of mind and breathing space to find a new job. Like most people, I live month to month with little savings, so it's important I have that to fallback on.
If they do go insolvent, and I do not get paid any lost wages or redundancy, I am aware of a insolvency/redundancy fund that is set-up by the government to reclaim lost wages, stat redundancy, pension, holidays etc..
Your help/advice/suggestions would be very much appreciated.
Thank you.
I am usually due to get paid on the last working day of the month (29th Sep). This didn't happen. All employees received an email from the boss at 5pm stating that last few months have been tough - that they are in a cashflow hole - that they need to pay vital suppliers - and can not pay salaries this month.
They then say that if we have any urgent payments that can't wait, to let them know ASAP - so I ask for a % of my pay that will cover absolute essential bills. I get paid this last Saturday. I have since sent an informal email to the boss asking for some clarity of their plans to pay back me/others the remainder of the salary.
I have also spoken to ACAS and they have said that I have done all the right things but must wait a reasonable amount of time before receiving a response. If there is no response I can then raise a formal grievance about my pay issues to my employer. Again, if there is no or no satisfactory response from them, ACAS offer a free conciliation service - Failing that, it goes to an employment tribunal. ACAS need to get involved within 3 months (minus 1 day) of the day of detriment so in my case, the 29th Sep. There is no timeframe on when a (if it gets that far) tribunal date will be set as it depends on some factors.
I suppose in my case, "get out and find another job" is the easy answer, but my profession is quite niche and not as simple as get another job. I suppose my question is, how long to I leave it with my current employer before I just give up with them - assuming they do not pay the remainder of my September wages in the next few weeks and maybe even my October wages?
My conundrum is this... I do have income protection insurance for unemployment, but it only covers "compulsory redundancy" so it would mean I would have to wait for them to shut the doors / become insolvent rather than leave of my own accord if I don't find a job in the meantime. They will not pay my unemployment benefit if I resign - even if it was a forced resignation, i.e. if I went down the "constructive/unfair dismissal" and my case was won in court... which is a little unfair in my opinion as I would have lost my job through no fault of my own! I didn't get paid the correct amount and owed wages which forced me in to a position to leave!
Is there anyway around this so I could claim "compulsory redundancy" through my employer not paying me my full wages on time, without having to wait for them to go pop! / insolvent, and without having to resign of my own accord, otherwise my income protection insurance won't pay out, and that would be a bit of peace of mind and breathing space to find a new job. Like most people, I live month to month with little savings, so it's important I have that to fallback on.
If they do go insolvent, and I do not get paid any lost wages or redundancy, I am aware of a insolvency/redundancy fund that is set-up by the government to reclaim lost wages, stat redundancy, pension, holidays etc..
Your help/advice/suggestions would be very much appreciated.
Thank you.
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