Just after a bit of advice. I'll keep it simple - i'm contracted to be paid on the last Friday of every month. Since starting my job in April I haven't been paid on this date once. On one occasion I wasn't paid until the 11th as my employer was out of the country. I'm due to start a new contract on a house with some friends, for which my rent will be deducted from my account on the 1st of every month. This will leave me in a tricky situation if i'm not paid on time. My boss isn't exactly approachable and so far, I'm yet to make a fuss about this, but I'm really worried about how this could potentially affect my credit rating in years to come (i'm 22).
Where do I stand legally? Is my employer legally obliged to withold my pay until he decides to actually deposit the money? Just wondering.
Thanks very much in advance for any replies.
I’m afraid that I don’t have the answer; but your contract of employment or written statement has to state, by law, how much you will be paid, and the intervals at which you will be paid (amongst other things).
I would suggest, in the first instance, you speak to your boss – or the HR manager if a different person - and ask why this aspect of your terms and conditions is not being adhered to. Are all the employees in this position? How many of you are there – could you form a deputation if you don’t want to speak to your manager by yourself?
It could be a cash-flow issue – staff can’t be paid until there is enough money in the bank. I’m sorry, for sounding so negative – but until you speak to your manager to find out why you’re not being paid on time, I can’t offer much more.
If you don’t get a satisfactory answer from your manager, it might be an idea to ring ACAS – their helpline is free and confidential
(If your employer is being so cavalier about pay, it does make me wonder what other areas of your contract they might also be ignoring!).
I'm not qualified to comment on the legal position, Kimberley, but if I were you I'd start looking round for another job now. What your employer is doing isn't normal and should be taken as an indication that at best s/he isn't actually fit to be employing people, and at worst that the company is in financial difficulties. You are entitled to an explanation and apology but if this isn't forthcoming, simply vote with your feet.
By not paying you on the last Friday of the month your employer is technically in breach of contract. Your problem is that in reality there is very little you can do about this.
You can raise a grievance about it, and you will have a degree of protection against dismissal (even with a short length of service) if you are dismissed for raising it. However, that means that you not only have to put your head above the parapet but your relationship with your employer may also suffer for doing it.
I would have a quiet word with the employer - is there a problem, worreid about your rent payments, etc. Guage the reaction you get and make a decision about staying with the company from that reaction. Ultimately if your employer doesn't give a fig then I agree with what Captain_Sensible says - look for another job.
semper ad meliora
Being unpaid is totally unacceptable in this day and age, even given the current economic climate. There is another option open to you and that is one of tribunal. However, you need to check your contract of employment and the company's "official" grievance procedure. If repeated ad hoc requests for payment have been ignored then you have no option but to make the whole situation formal (and if you only option is to find alternative work you will nothing to lose). Submit a formal grievance in line with the company policy (if there is no company policy then still submit a grievance and insist on a deadline for a response: such as one or two working weeks). If this does not spark a response you can then apply to go to tribunal by filling in a form, available on the internet, from the Tribunal Service. The Tribunal Service will then contact you in good time. You do not need to employ a lawyer to do this.
The ACAS website has a lot of information on this and, as my daughter is in exactly the same situation, I've found it very useful.
Hope this helps.
Good advice thus far - I'd have to echo the 'walk with your feet' comments... if your employer can't be bothered to pay you on time, and gives no explanation, then all is not well.
My situation is that my employer has not paid my July salary, having also been late in April & May by virtue of bounced cheque, cleared funds available around 15th.
I am aware that the company's creditors amount to more than £150,000 with a very low debtors amount, in reality less than £10,000 with some of questionable value. I believe the company is on the brink of receivership - in fact there is a lot of evidence to suggest that the directors have acted illegally in even continuing to trade an insolvent company.
I totally subscribe to the principle of "vote with my feet" - my basic question is should I just walk out, which is what my instincts are telling me - its doubtful whether I will be paid for last month and to continue to work when there is little prospect of being paid for what I am doing now goes against the grain. I have been employed for about 7 months. By voting with my feet, am I prejudicing my claims.
Don't just walk out - you probably would not be able to claim Jobseekers Allowance if you did. Look for another job first and hope that you get some pay in the next few days. You could suggest to your boss that he pays you weekly from now on. A potential employer will want to get from you at interview that you were resilient through difficult times, were pragmatic, had some principles, and maintained your dignity. Good luck
I just found your message. I was just wondering if you managed to solve the situation? My dad is going through the same thing at the moment. He is meant to get paid on set a date each month and 8/10 of the times his pay is in late. Especially if it's a weekend! He was meant to have been paid on Friday as it was the weekend and it is now over is pay date and they still haven't paid him. The response was 'you may get paid on the 25th or you may not'. I want to take this further as it is beyond a joke and my parents have bills due out this week. The lady who does the pay seems to have no idea what so ever and doesn't really care.
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