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Thread: My boss hasn't paid me! What can I do?

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    Default My boss hasn't paid me! What can I do?

    I work part-time for a small company, and am paid at the end of each month for the number of hours I have worked in that month. Much though I enjoy the job, I have several problems:
    i) I have worked for the company for the last seven months and still have no written contract of employment. I have been issued with a copy of the staff handbook, but this makes no mention of pay.
    ii) The person who deals with the wages has been off sick. Yesterday (Friday) was the last working day of the month, and my wage has not yet been paid. I was assured that my wage should be paid into my bank account either yesterday or today. I have still not received it.
    iii) If my wage is not paid into my account by Monday morning, I cannot get to work unless I walk (2 miles through an unsafe area) as I literally have no money for either bus fare or petrol. If I do not work on Monday, I will lose payment for that day, as that is one of the days I have agreed to work.

    What should I do?

    Rhia

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    Default Re: My boss hasn't paid me! What can I do?

    Hello Rhia and welcome to Legal Beagles!

    You are definatly in the right place for help
    While I shout for the right person to help you, may I ask are you a member of a union, also how many employees are there roughly in the company?


    Past The Rainbow, North of the North Star

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    Default Re: My boss hasn't paid me! What can I do?

    Hello Puffrose - thanks for the impressively quick response!

    We have no union: there are about 20 employees, of which 14 of us are part-time, have no written contract and none of us have yet been paid.

    Rhia

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    Default Re: My boss hasn't paid me! What can I do?

    evening, sorry ime a bit late so lets see what we can do

    an employer needs to give an employee a contract of employment or an employee hand book containg statutory terms of employment particulars within 60 days of starting employment

    the principle terms that must be included in any contract of employment are

    your name and your employer’s name

    your job title or a brief job description

    the date when your employment began

    your pay rate and when you will be paid

    your hours of work

    your holiday entitlement

    where you will be working (if you are based in more than one place it should say this along with your employer’s address)
    sick pay arrangements

    notice periods

    information about disciplinary and grievance procedures

    any collective agreements that affect your employment terms or conditions

    pensions and pension schemes

    if you are not a permanent employee how long your employment is expected to continue, or if you are a fixed term worker the date your employment will end

    now not paying you wages on your due day is in breach of your contract, payroll being sick does not cut the mustard. the sensable thing would be the boss let you know the situation and give you a sub to cover for the first few days. also you may have a claim for any failed direct debits but that is stretching it a bit, depends what your employer is like as most bills get paid on the first of the month
    if the wages are not in on monday, you could phone your boss and ask to take it as a days holiday due to not being able to get in to work, he may even pay for a taxi

    NOW THE LEGAL BIT

    IF THE WAGES ARE NOT IN ON MONDAY, ASK TO BE PAID IN CASH
    FAILURE ON THAT OR A GUARANTEED DATE FOR PAYMENT AN OFFICIAL GRIEVANCE STATING THE WAGES WILL BE PAID SAY BY XYZ DATE
    FAILURE ON THAT ITS A CLAIM THROUGH THE EMPLOYMENT SERVICE UNDER SECTION 13 EMPLOYMENT RIGHTS ACT UNLAWFUL DEDUCTION OF WAGES.

    if you go to a tribunal under unlawful deduction of wages and you win your claim, the tribunal can also award you compensation for the employers failure to give a written statement or employment particulars, the tribunal will give an extra award of compensation which will be two or four weeks' pay (at the tribunal's discretion)

    their is NO statutory qualifying period to bring a claim for unlawful deduction of wages

    remember though

    all companies make mistakes, big or small
    please be reasonable and give the employer an opportunity to rectify the dispute before going in two feet first
    Last edited by miliitant; 29th September 2012 at 18:28:PM.

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    Default Re: My boss hasn't paid me! What can I do?

    Many thanks for that, Militant.

    I'll take this (fairly) subtley. but unfortunately the Payroll Person thinks she runs the place, so I may well need to explain - in detail - what my legal rights are.

    Rhia

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    Default Re: My boss hasn't paid me! What can I do?

    Just a quick point. If the employer didn't pay the wages till yesterday, then they will not be in your bank till tuesday or wednesday at the latest. Though if it had been me i would have paid all employees wages by BAC's which is same day transfer. Your employer probably used the normal PAYE method hence why it did not come straight into your bank. That is of course if he made the payment of wages.

    If you can not get into work, simply call your employer or colleagues and see if anyone can pick you up in their car, make it clear to your employer though that the non payment of wages is why you may not get into work and that you will not risk walking through what is a known unsafe area.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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    Default Re: My boss hasn't paid me! What can I do?

    Quote Originally Posted by teaboy2 View Post
    Just a quick point. If the employer didn't pay the wages till yesterday, then they will not be in your bank till tuesday or wednesday at the latest. Though if it had been me i would have paid all employees wages by BAC's which is same day transfer. Your employer probably used the normal PAYE method hence why it did not come straight into your bank. That is of course if he made the payment of wages.

    If you can not get into work, simply call your employer or colleagues and see if anyone can pick you up in their car, make it clear to your employer though that the non payment of wages is why you may not get into work and that you will not risk walking through what is a known unsafe area.
    Payment is made through on-line banking - my bank statement shows this just as 'Bank Credit'. I feel that I'm going to have fun with this*, as Payroll Person's usual excuse when things go wrong is 'It's not up to me to manage your personal finances.'

    You may gather from this that Payroll Person has no training (or indeed much experience) in paying wages.

    *for a given definition of fun...perhaps I should point out here that I work 16 hours/week for the National Minimum Wage: my partner works for the same company: same rate, same hours and also of course not yet paid. Life in this house is therefore going to be somewhat financially constrained - as well as us having nothing to eat. All Food Parcels gratefully received...

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    Default Re: My boss hasn't paid me! What can I do?

    Quick update: my pay is now showing as credited to my bank account (and available) - which I find odd, to say the least, at 4.00 pm on Sunday afternoon. However, that is now resolved - I'll let you know how I get on with the written contract.

    Many, many thanks for your advice.

    Rhia

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    Default Re: My boss hasn't paid me! What can I do?

    Quote Originally Posted by Rhia View Post
    Payment is made through on-line banking - my bank statement shows this just as 'Bank Credit'. I feel that I'm going to have fun with this*, as Payroll Person's usual excuse when things go wrong is 'It's not up to me to manage your personal finances.'
    The next time the payroll person says that, point him/her to section 13 of the Employment Rights act 1996 and that failure to pay on time is a breach of the employment contract. Therefore although its not for them to manage the finances of employers, it is for them to honor the contract and pay on time, and therefore manage their own finances without such short comings and without being in breach of employment laws - I doubt they will have an answer to that one unless its a pathetic excuse.

    Glad to see you finally got paid though i suspect the employer didn't transfer the wages till today, which kind of ruined your weekend.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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    Default Re: My boss hasn't paid me! What can I do?

    Hi, I was wondering if someone could help me also. My boss still hasnt paid my wages to me from July and i am expecting my next wages at the end of this month (August) which is in four days. I have worked there since the start April and gave my notice nearly two weeks ago offering to give one weeks notice which they did not ask for. She and her office staff have repeatedly ignored emails and phone calls and ignored me when i have told her that i cant even afford to pick up prescriptions from the doctors let alone rent. I have rang citizens advice and ACAS and they suggest a tribunal, which i cant afford because i have not been paid. Even if i did go through a tribunal, how would it benefit me apart from getting the wage which i am already owed, it seems like a lose lose situation.

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    Default Re: My boss hasn't paid me! What can I do?

    contact job centre they may approach the employer, always use to?

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    Default Re: My boss hasn't paid me! What can I do?

    Hi gorseandblue, & welcome to Legal Beagles.

    Witholding monies due to you (Wages, holiday pay etc), can be actioned either through an Employment Tribunal or through County Court.

    Either way, if you are on a 'passport benefit', you can have the fees waived.

    If you are on low income, this can be means tested to see if fee remission is available
    (AKA NOBBY!)

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: My boss hasn't paid me! What can I do?

    I am enquiring on be half of my girlfriend she is workin or a restaurant and having trouble with her wagers every month she gets payed half her wagers and has to wait weeks later for the rest wondering if there is anything she could do she has no contract and doesn't have any set hours

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    Default Re: My boss hasn't paid me! What can I do?

    Hi tomjones & welcome to Legal Beagles.

    How many weeks?
    (AKA NOBBY!)

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: My boss hasn't paid me! What can I do?

    I unfortunately missed this earlier, or I would have provided my usually helpful advice:

    Quote Originally Posted by Rhia View Post
    iii) If my wage is not paid into my account by Monday morning, I cannot get to work unless I walk (2 miles through an unsafe area) as I literally have no money for either bus fare or petrol. If I do not work on Monday, I will lose payment for that day, as that is one of the days I have agreed to work.

    What should I do?
    Hitch-hike or thumb a lift.
    I am not a lawyer, nor do I pretend to be a lawyer.

    For sensible legal advice http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

    For FREE legal representation, go to the National Probono Centre

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