Is this a breach of my employment contract?

[julietd]

Hi

I was wondering if anyone can help with an issue I have with my current employer please?

I have been working for the company for just over a year and the last payday they told me that the company didn't have enough money to at me this month. They said I would have to wait until a supplier had paid the invoice which I accepted. When the client paid the invoice 3 days later they then told me that there still wasn't any money available as there was a VAT bill to be paid so I still wasn't paid. I was very upset about this and called a meeting to discuss, at the meeting they told me that until more money had been brought into the business there were no funds to pay me so I requested to work from home as I couldn't afford to pay childcare and commute without being paid.

So now we are nearly at another pay date and I have been told I will not get paid again this month.

My questions are the following:

1) are they legally entitled to do this?
2) Is there anything I can do?

Thank you for reading

[mariefab]

Re: Is this a breach of my employment contract?

Yes not paying you is a fundamental breach of your employment contract. The absolute minimum basis for any contract of employment is, you work -they pay you.

1) No.
2) You can accept that they have fundamentally breached your contract, resign (with, or without notice) for that reason and then pursue them for the monies due either through MCOL or an employment Tribunal.