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Deductions from Wages - Help!

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  • Deductions from Wages - Help!

    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.
    Tags: None

  • #2
    Re: Deductions from Wages - Help!

    tagging [MENTION=51026]Ula[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    • #3
      Re: Deductions from Wages - Help!

      I'm sorry to hear about your situation. Unfortunately "reasonable is not defined" however I would suggest that 5-7 working days for a response and then if you have not heard anything send a chaser. Then if you have not had a response in 14 days I would raise a grievance.

      I am obviously not familiar with your type of income protection insurance however if they require confirmation of compulsory redundancy then either you will have to persuade your employer to do that - which if they are in financial difficulty then they may not be in a position to make the statutory payments or as you say wait for the company to become insolvent.

      How long have you been with the company since if it less than 2 years then you will not be entitled to redundancy pay.

      Yes you are correct if the company becomes insolvent then you can claim for owed money through the insolvency practitioner. Information on what you can claim, any limits etc can be found here: https://www.gov.uk/your-rights-if-yo...ey-owed-to-you.
      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 my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      • #4
        Re: Deductions from Wages - Help!

        Thanks [MENTION=51026]Ula[/MENTION],

        I have worked for this company since September 2016 however my contract of employment states it's continued / continuous employment from another company (that was voluntary liquidated in Aug16) since April 2015.

        Am I within my rights to persuade them to make me redundant compulsory? How would I go about this, assuming they had the funds to do this. I assume that this would be something I ask for later down the line i.e. If I didn't receive a firm date on when I'd get my owed salary paid and/or it went in to went to the next month with partial pay or no pay?

        Thanks.
        Last edited by ashes; 3rd October 2017, 07:17:AM. Reason: Additional Question

        Comment


        • #5
          Re: Deductions from Wages - Help!

          So as you have 2 years employment then you would qualify for redundancy pay, should the company decide to make you redundant or becomes insolvent.

          I would think this all through very carefully and maybe wait and see what response you get from your employer. This may be a temporary "blip" and I think you need to find out from the company what they believe the future of the business is.

          Please also read through your income protection policy really carefully as these normally have a period of time before you can claim on them and also for how long you can claim
          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 my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment

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