Unpaid Salary - Help Required!

Unpaid Salary - Help Required!

Author
Discussion

neil240970

Original Poster:

184 posts

196 months

Thursday 4th November 2010
quotequote all
Hi All,

So I started a new job for a magazine publisher recently and all seemed well & good. However, on payday (last friday), nobody got paid. The MD said he could give us cheques (but they would bounce) and assured us that we would be paid by CHAPS yesterday, which didn't happen.

After hiding in his office all day, he announced that the magazine would not go to print next week as they can't pay the printers and, to all intents and purposes, our jobs no longer existed for the time being.


He went on to say that he was aiming to raise finance to set up under a new company name and fold the old limited company and would be in touch to say how things were progressing. He also said that we could continue to attend work to fend off any clients, make excuses etc. etc. He also intimated that if the finance is forthcoming, our jobs will be safe ,but for now, assume you're redundant and "I wouldn't blame anyone for looking around for another job".

It sounds as though he genuinely wants to pay us but I'm owed a month's salary, about £200 in fuel and one month's car allowance.

Does anyone know how best to go about ensuring I get what's owed to me?


Many thanks!



Edited by neil240970 on Thursday 4th November 10:12

Eric Mc

122,109 posts

266 months

Thursday 4th November 2010
quotequote all
Be wary of any attempts to transfer you to a new company i.e. a new employer. If he intends to set up a new company to continue trading and walk away from the liabilities of the current company (what is refered to as Phoenixing), he could be creating massive problems.

okgo

38,193 posts

199 months

Thursday 4th November 2010
quotequote all
Get interviewing.

Soovy

35,829 posts

272 months

Thursday 4th November 2010
quotequote all
okgo said:
Get interviewing.
This.

You're screwed.

You can't sue fresh air.

bigandclever

13,820 posts

239 months

Thursday 4th November 2010
quotequote all
Your new job is to find a new job. Put all your efforts into that.

ZesPak

24,439 posts

197 months

Thursday 4th November 2010
quotequote all
Sorry to hear that, but I'm afraid there is a big chance you just lost a month...

Best of luck looking for a job!

edc

9,243 posts

252 months

Thursday 4th November 2010
quotequote all
Eric Mc said:
Be wary of any attempts to transfer you to a new company i.e. a new employer. If he intends to set up a new company to continue trading and walk away from the liabilities of the current company (what is refered to as Phoenixing), he could be creating massive problems.
If it is a TUPE transfer across then potentially the liabilities will transfer and employees may be able to claim for unlawful deduction of wages from the new company.

bazking69

8,620 posts

191 months

Friday 5th November 2010
quotequote all
Remove anything of value with you on the way out and get job hunting.

phil-sti

2,686 posts

180 months

Friday 5th November 2010
quotequote all
What magazine is it?

Esseesse

8,969 posts

209 months

Friday 5th November 2010
quotequote all
bazking69 said:
Remove anything of value with you on the way out and get job hunting.
+1

JFReturns

3,697 posts

172 months

Friday 5th November 2010
quotequote all
phil-sti said:
What magazine is it?
I won't be subscribing hehe

odyssey2200

18,650 posts

210 months

Friday 5th November 2010
quotequote all
Esseesse said:
bazking69 said:
Remove anything of value with you on the way out and get job hunting.
+1
and start ebaying it in lieu of earnings

smile

SLCZ3

1,207 posts

206 months

Saturday 6th November 2010
quotequote all
neil240970 said:
Hi All,

So I started a new job for a magazine publisher recently and all seemed well & good. However, on payday (last friday), nobody got paid. The MD said he could give us cheques (but they would bounce) and assured us that we would be paid by CHAPS yesterday, which didn't happen.

After hiding in his office all day, he announced that the magazine would not go to print next week as they can't pay the printers and, to all intents and purposes, our jobs no longer existed for the time being.


He went on to say that he was aiming to raise finance to set up under a new company name and fold the old limited company and would be in touch to say how things were progressing. He also said that we could continue to attend work to fend off any clients, make excuses etc. etc. He also intimated that if the finance is forthcoming, our jobs will be safe ,but for now, assume you're redundant and "I wouldn't blame anyone for looking around for another job".

It sounds as though he genuinely wants to pay us but I'm owed a month's salary, about £200 in fuel and one month's car allowance.

Does anyone know how best to go about ensuring I get what's owed to me?


Many thanks!



Edited by neil240970 on Thursday 4th November 10:12
If i were you i would get your co-workers to go the local dole office ( is it still called that?) and explain the situation, also check with the printers as all may not be as it seems, reopening under another name is possible, but there should be if he is genuine, an official reciver appointed to run? the company and determine if there are any creditors, of which you are one, and would think the printers are another, also there will be his tax bill for him to sort out, HMRC gets first bite at anything left in the pot, best of luck.

bigandclever

13,820 posts

239 months

Saturday 6th November 2010
quotequote all
SLCZ3 said:
HMRC gets first bite at anything left in the pot
No they don't. HMRC haven't been preferential creditors for years (since 2003 I think).

john_p

7,073 posts

251 months

Saturday 6th November 2010
quotequote all
The bank will, if he has loan/overdraft etc.

stty of him to do it at payday. Get that cv polished up and get out there.