Looking for advice for wife : late // non payment of wage
Discussion
Evening All,
My wife has been working for a company for a good 18 months as a Senior advisor.
The company has been going through issues, and she was asked to be put on a 25% reduction from March, for 3 months.
The company stated that all employees would be reimbursed, in steps, from September. There is no paper work for any of this.
She agreed. Wages have been 7-10 days late each month since, and currently September has not been paid (due end of the month).
Fortunately, she has a new job offer and intends to resign imminently.
Her contract is 3 months notice.
Is the company in breach of employment laws? Can she look for immediate gardening leave and full pay (the desired outcome). Is there wangle/negotiating room?
Many thanks
My wife has been working for a company for a good 18 months as a Senior advisor.
The company has been going through issues, and she was asked to be put on a 25% reduction from March, for 3 months.
The company stated that all employees would be reimbursed, in steps, from September. There is no paper work for any of this.
She agreed. Wages have been 7-10 days late each month since, and currently September has not been paid (due end of the month).
Fortunately, she has a new job offer and intends to resign imminently.
Her contract is 3 months notice.
Is the company in breach of employment laws? Can she look for immediate gardening leave and full pay (the desired outcome). Is there wangle/negotiating room?
Many thanks
nothing is writing is the kicker here I reckon. she could go to a tribunal maybe but armed with what?
I wont bang on about the benefit of hindsight (on a few levels) to say as the wife has another offer I would be inclined to chalk that one up to experience and get her out of there asap.
maybe she can negotiate a reduced notice period in lieu of what they owed her? but they might be tempted to say "up yours we dont know what youre talking about".......meaning she will have to do the 3 months at 25% less pay too......
I wont bang on about the benefit of hindsight (on a few levels) to say as the wife has another offer I would be inclined to chalk that one up to experience and get her out of there asap.
maybe she can negotiate a reduced notice period in lieu of what they owed her? but they might be tempted to say "up yours we dont know what youre talking about".......meaning she will have to do the 3 months at 25% less pay too......
ToothbrushMan said:
nothing is writing is the kicker here I reckon. she could go to a tribunal maybe but armed with what?
I wont bang on about the benefit of hindsight (on a few levels) to say as the wife has another offer I would be inclined to chalk that one up to experience and get her out of there asap.
maybe she can negotiate a reduced notice period in lieu of what they owed her? but they might be tempted to say "up yours we dont know what youre talking about".......meaning she will have to do the 3 months at 25% less pay too......
Thanks for the reply.I wont bang on about the benefit of hindsight (on a few levels) to say as the wife has another offer I would be inclined to chalk that one up to experience and get her out of there asap.
maybe she can negotiate a reduced notice period in lieu of what they owed her? but they might be tempted to say "up yours we dont know what youre talking about".......meaning she will have to do the 3 months at 25% less pay too......
So late payment is allowed?
Reduced payment is allowed?
What if she wishes to go nuclear and hammer sausages in the lawn?
Lack of liquidity must be an issue; that she is obliged to report?
thanks
BigJonMcQuimm said:
There is no paper work for any of this.
IANAL but I have some experience of employer-employee relations.Generally the following applies at a tribunal:
No paperwork = employer's fault
Your wife needs a lawyer. If she's not a member of a union, check your home insurance first- sometimes it covers employment legal disputes.
blearyeyedboy said:
BigJonMcQuimm said:
There is no paper work for any of this.
IANAL but I have some experience of employer-employee relations.Generally the following applies at a tribunal:
No paperwork = employer's fault
Your wife needs a lawyer. If she's not a member of a union, check your home insurance first- sometimes it covers employment legal disputes.
I wonder which party the onus of proof would be on - employer or employee? I am assuming that due to the now delayed payments that the employer is likely to be vexatious if cornered.
is the employer allowed to reduce wages - yes of course if the hours or days have been reduced as thats a change of employment contract. I did a cursory google on the subect and quickly found some basic information - low and behold CAB states that any changes should be obtained in writing.
there is also minimum to consider - they are certainly not allowed to reduce the wages if that drops your wife below the national min wage per hour. thats common sense really and dare say youve already thought of that one?
directors have a duty to report trading (by the other directors) whilst insolvent- I dont know whether that duty extends to the shop floor employees but nothing will stop anybody acting as a whistleblower I suppose.
Speak to CAB for great free initial advice.
ToothbrushMan said:
hopefully your advice to the OP about the wife needing a lawyer is taken up or at least speak to CAB who are both far more clued up on the facts than a bunch of car nuts on a forum will be.
I hope so too. There are times in life to seek advice from the internet wisdom of crowds, and times to ask for an expert to tell you instead. No offence meant, OP, but this is definitely one of the latter situations.OP, which is more important - The money or the leaving immediately?
I'd imagine that the company would be a lot happier about her leaving immediately if they didn't need to pay her any more money; similarly, if you dig your heels in over the due funds they're likely to make her work out the notice.
Your wife is of course due the money for work she has done, but getting it out of them may well end up being more trouble than it is worth.
I'd imagine that the company would be a lot happier about her leaving immediately if they didn't need to pay her any more money; similarly, if you dig your heels in over the due funds they're likely to make her work out the notice.
Your wife is of course due the money for work she has done, but getting it out of them may well end up being more trouble than it is worth.
You have not said the nature or size of the company your wife works for.
However, if they’re paying late, that signifies fairly major cash flow issues, which means the writing is likely in the wall?
In which case, whats the point in going legal and getting nowt because the company hasn’t got a pot to urinate in?
I’d suggest sit down chat with bosses, inform them she has something else to go to and negotiate immediate exit. If they’re up the creek financially, they’ll bite her hand off to get her off the payroll.
Unless of course they’re just s
t at payroll and are fine financially, in which case lawyer up 
However, if they’re paying late, that signifies fairly major cash flow issues, which means the writing is likely in the wall?
In which case, whats the point in going legal and getting nowt because the company hasn’t got a pot to urinate in?
I’d suggest sit down chat with bosses, inform them she has something else to go to and negotiate immediate exit. If they’re up the creek financially, they’ll bite her hand off to get her off the payroll.
Unless of course they’re just s
t at payroll and are fine financially, in which case lawyer up They have breached her contract by late / non payment so she can resign with immediate effect but you are wrong to expect she might be entitled to the next 3 months money as well.
If she can agree to start at the next place earlier then she should go ahead and do that. Her only loss would be the late/non payment from previous months.
In her letter of resignation then she should set out what she believes she is owed - wages holiday etc and request to resolve amicably and by a certain date. Then start going down the ACAS route etc. They will urge the employer to settle.
She should also raise a grievance if you are thinking of taking it any further.
I’d suggest getting out ASAP is the best option and focus on career at new employer.
If she can agree to start at the next place earlier then she should go ahead and do that. Her only loss would be the late/non payment from previous months.
In her letter of resignation then she should set out what she believes she is owed - wages holiday etc and request to resolve amicably and by a certain date. Then start going down the ACAS route etc. They will urge the employer to settle.
She should also raise a grievance if you are thinking of taking it any further.
I’d suggest getting out ASAP is the best option and focus on career at new employer.
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