Failure to pay salary due

[Lynetter]

What action can I take against an employer who fails to pay salary for first month of employment, having now left the company?

[R0b]

Re: Failure to pay salary due

Morning, your post doesn't really make sense but I am guessing the question you are asking is what can you do if the company does not pay you the wages you are entitled to? If that is the case you can bring a claim in the county court for a breach of contract for unlawful deduction of wages.

What have you done so far to request your wages, and what response if any has the employer given for non-payment? Have you also checked the contract to see what it says on paying wages, and you haven't said whether the issue is non-payment of all your wages or just part of it.

[Lynetter]

Re: Failure to pay salary due

Thank you Rob. I started with the company October 3rd 2016. I realised after 3 weeks they are a disreputable company. I gave a week's notice after 3 weeks to terminate my employment with them. They put me on Garden Leave for the last week. I asked them for confirmation in writing that all salaries and expenses due for the month of October would be paid in full. I received an email from the director, stating this would be the case as per the terms and conditions of employment. I have emailed the director this morning at 8am asking why my salary has not been paid/received. As yet I have not had a response. I want to be certain of my rights, if the payment is not forthcoming.

[R0b]

Re: Failure to pay salary due

I presume you have calculated how much you are owed for those 4 weeks of work and did you confirm the date it was due, as it is still October today so any monies could be paid to you today if it was only confirmed that payment would be made in October. If you receive no monies by the end of today then the next step of course would be to send a letter before action and outlining your intention to commence proceedings against them for non-payment of wages if payment is not made immediately within the next 7 days.

Do you know what type of business setup it is, as you mention a company so I wonder if it's a limited company or some other type of setup such as a partnership or sole trader etc. You need to know this information because you will have to input it online when you make a claim and if the information is incorrect then serving your claim against them could be considered defective and would need to re-issue it again.

If you need assistance in drafting up the letter before action then I would suggest you have a go at it yourself first of all and post it up (personal info removed) and one of us can provide some feedback. Equally if the payment is still not made after the prescribed time then the next step is to make a claim.

[Jojo71]

Re: Failure to pay salary due

Hi,

as you no longer work for the company they may have taken you off payroll and pay you by cheque

[Lynetter]

Re: Failure to pay salary due

Thank you Rob. I have asked for an explanation of why I have not been paid. I am awaiting a response. I will check what type of company it is set up as. I hope it will not come to making a claim against them. But thank you for helping me prepare for what may come next.

[Lynetter]

Re: Failure to pay salary due

Still not been paid. I have decided to give them till Friday lunch time, after which I will prepare the letter of intent. I have found being part of this forum has helped make my situation less stressful. Thank you.