Any laws on getting paid?
Any laws on getting paid?
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Discussion

Altrezia

Original Poster:

8,742 posts

242 months

Monday 6th April 2009
quotequote all
Just wondering what, if any, the laws/regs are surround paying employees?

Been a week since 'payday', still waiting on 50% of my pay..

-a

RichBurley

2,432 posts

284 months

Monday 6th April 2009
quotequote all
Altrezia said:
Just wondering what, if any, the laws/regs are surround paying employees?

Been a week since 'payday', still waiting on 50% of my pay..

-a
Breach of contract if they don't pay. Put a written request for pay asap!

Altrezia

Original Poster:

8,742 posts

242 months

Monday 6th April 2009
quotequote all
Does email count? As I've done that... more than once.

Zen.

794 posts

226 months

Monday 6th April 2009
quotequote all
How long have you worked for them?

Altrezia

Original Poster:

8,742 posts

242 months

Monday 6th April 2009
quotequote all
1.5 years?

Altrezia

Original Poster:

8,742 posts

242 months

Monday 6th April 2009
quotequote all
ETA: Pay has been a day late probably 9 out of the last 12 months, and sometimes given to me in cash (less any taxes etc)..

Zen.

794 posts

226 months

Monday 6th April 2009
quotequote all
I take it you are PAYE?

anonymous-user

85 months

Monday 6th April 2009
quotequote all
The terms of conditions of employement should be in your handbook, if you have one. It should state when you will be paid, i.e monthly.

If they fail to pay you and do not provide notice, they are in breach of this.. If they get nasty, you will have to go through the small claim court..

Altrezia

Original Poster:

8,742 posts

242 months

Monday 6th April 2009
quotequote all
Zen. said:
I take it you are PAYE?
Think so - that's the norm for an employee, right?


skwdenyer

18,707 posts

271 months

Monday 6th April 2009
quotequote all
jaymodunn said:
The terms of conditions of employement should be in your handbook, if you have one. It should state when you will be paid, i.e monthly.

If they fail to pay you and do not provide notice, they are in breach of this.. If they get nasty, you will have to go through the small claim court..
I thought you would go to an industrial tribunal, not the small claims court? The industrial tribunal claim AFAIK would be for simple unpaid wages, NOT for breach of contract.

If the company goes bust and still owes you wages then you can make a claim against the National Insurance Fund, as you can for unpaid (statutory) redundancy pay. If they don't go bust (i.e. enter formal insolvency) then you can't claim for unpaid wages (you have to go to tribunal / court) but you can still claim for redundancy pay.

Be VERY careful about making an industrial tribunal claim for breach of contract. It is the only scenario in which you employer can counter-claim for breach of contract, too. You can lose that, and end up having judgement against you, and costs. So never try that unless you're very clear of your ground.

If in doubt call the ACAS helpline - they are very good.

edc

9,692 posts

282 months

Monday 6th April 2009
quotequote all
You can go to an Employment Tribunal for breach of contract. Before you get there though, make sure you pursue your company grievance policy in attempting to retrieve your pay. Also ensure that you do this promptly so that you don't find that you are timed out when you do come to lodge a claim.

plasticpig

12,932 posts

256 months

Monday 6th April 2009
quotequote all
I would start looking for a new job. It could just be a cash flow issue but when companies start diddling with the payroll its a good indication the end is nigh.

skwdenyer

18,707 posts

271 months

Monday 6th April 2009
quotequote all
edc said:
You can go to an Employment Tribunal for breach of contract. Before you get there though, make sure you pursue your company grievance policy in attempting to retrieve your pay. Also ensure that you do this promptly so that you don't find that you are timed out when you do come to lodge a claim.
See my post above: be very careful in going for "breach of contract" at an ET, as anything your employer might feel you'd not lived up to could be counter-claimed against you, and you could lose and have to pay them. Yes, it happens, really. Just go for unpaid wages.