Employer not paying wages

[thecremeegg]

My partner works for a company as a mobile manager, essentially covering stores when management isn't available. Her expenses are paid (train or fuel at 45p a mile) but she's on a 0-hour contract as it suits both parties.
Now the problem is pay - she's owed some pay from December and January, wasn't paid her wages last month and now they've claimed that they received her expenses claim "1 day too late" (posted 10 days earlier).
What can she do as her area manager is useless and doesn't seem to care, and she doesn't get anywhere talking to payroll.

It's a national clothing retailer so not some small outfit. Does she need to raise a grievance, or does she need to do more? They want her to work pretty much full time the coming weeks, including destinations that are 100 miles away, but she's got no money to do it!

Never had an issue like this before so any help appreciated!

[silverous]

There must be a way to contact HR, it isn't just a payroll issue it is an issue of employee interaction. I presume she does not feel so flush with available job opprtunities that she can vote with her feet or threaten to and I presume the employer knows the market and exploits this likelihood. If that is the case it might be that she does not have much choice in practical terms - what does her contract say in terms of payment?

[thecremeegg]

Well she can get another job in retail management fairly easily however she doesn't want to have to right this minute as she's ideally looking to change career. That said, the search will be intensified following this debacle!

I'll have to read the contract tonight as she's called me in tears whilst at work so I haven't read it. Is there anything I need to look for specifically? From what I recall when she started it all seemed fairly standard, nothing leapt out as being fishy but then again it's not my forte!

[anothernameitist]

She can get the dates that expences are due and find out how to get them to the right person on time.

Should sort it

[silverous]

Sounds like it really is upsetting her, I think it is shocking when people don't treat employees with an appropriate level of decency. In the contract there should be something about when she gets paid.

I do think she should look to contact HR and explain the frustrations and that it is causing her to need to look around, it might be that there is some crappy admin going on in a regional area that is causing delays or something or does everything go direct to a head office ?

[anonymous-user]

The employee should push to have this looked at by the most senior level of management available. She can lawfully decline to do any further work until paid. If need be, she could issue a claim in either the employment tribunal or county court for unpaid wages, but that should be a last resort.

[Flooble]

BV72 knows this inside out, but I think ACAS also have a guide

http://www.acas.org.uk/index.aspx?articleid=1366

[Eric Mc]

Breadvan72 said:

The employee should push to have this looked at by the most senior level of management available. She can lawfully decline to do any further work until paid. If need be, she could issue a claim in either the employment tribunal or county court for unpaid wages, but that should be a last resort.

Ooh - careful now - don't push too hard.

You need to be gentle with incompetent employers.

[Sheepshanks]

thecremeegg said:

They want her to work pretty much full time the coming weeks, including destinations that are 100 miles away, but she's got no money to do it!

How badly do they want her to do it? If "very", then tell 'em she hasn't got the money to buy fuel.

[anonymous-user]

Eric Mc said:

Breadvan72 said:

The employee should push to have this looked at by the most senior level of management available. She can lawfully decline to do any further work until paid. If need be, she could issue a claim in either the employment tribunal or county court for unpaid wages, but that should be a last resort.

Ooh - careful now - don't push too hard.

You need to be gentle with incompetent employers.

I said push. I didn't say make empty threats and act unreasonably. You really are quite pathetic.

[Jasandjules]

What does she want to do?

In effect, non-payment of wages can be considered constructive dismissal. She could also lodge a claim for unpaid wages as above.

Or she can just ask HR or the CEO or someone to look into it.

The question really is what does she want to do?

[Sheepshanks]

Breadvan72 said:

I said push. I didn't say make empty threats and act unreasonably. You really are quite pathetic.

To be fair, retailers are universally legendary for treating employees terribly. She's already on a zero hours contract. It's easy to imagine the result of rattling a few cages, however reasonable the rattling is.

[Sheepshanks]

thecremeegg said:

It's a national clothing retailer so not some small outfit.

One went bust recently. They may well be struggling and be avoiding paying anything if they can get away with it.

[TooMany2cvs]

Sheepshanks said:

thecremeegg said:

It's a national clothing retailer so not some small outfit.

One went bust recently. They may well be struggling and be avoiding paying anything if they can get away with it.

^ This is my first thought, too.

OP - without naming the retailer in question, are they doing well?

[thecremeegg]

TooMany2cvs said:

^ This is my first thought, too.

OP - without naming the retailer in question, are they doing well?

They are not doing well no and so your theory could well be true.
Having spoken with her this afternoon, she contacted HR as suggested and they're apparently paying her expenses "today", however her wages not so much.

[mph1977]

is the employer saying they are not going to pay her ?

or not process the late claims until the next pay run ( therefore paying both dec-jan and jan-feb in the feb pay run )

I presume it's an issue becasue it;s ZHC and she;s not gettign anything , where if she had contracted hours she'd get her basic in January pay run.

Only times i'm aware of it being resolved before the next pay run is when variable elements and expenses were all submitted before the cut off date for manager's countersignature and the manager didn't do it in time.

[anonymous-user]

Breadvan72 said:

Eric Mc said:

Breadvan72 said:

The employee should push to have this looked at by the most senior level of management available. She can lawfully decline to do any further work until paid. If need be, she could issue a claim in either the employment tribunal or county court for unpaid wages, but that should be a last resort.

Ooh - careful now - don't push too hard.

You need to be gentle with incompetent employers.

I said push. I didn't say make empty threats and act unreasonably. You really are quite pathetic.

I think Eric was being facetious.

[anonymous-user]

Relates to another thread. Eric gave his usual ill informed advice and went all hissy when his BS was called.

[AlexC1981]

Breadvan72 said:

Relates to another thread. Eric gave his usual ill informed advice and went all hissy when his BS was called.

Oh come on I don't want to wade into something that's nothing to do with me, but Eric was clearly happy to debate the topic with you and you shouted him down.

Just saying how it appears to an impartial observer! Don't hold it against me!

[anonymous-user]

Have a look at the thread. Eric gave some bad legal advice (he often does). He then said that it wasn't advice, just chat. He then said that his suggestion wasn't the best approach, but later said that it was the best approach. He accepted that his recommendation is to respond to unreasonable behaviour by behaving unreasonably. If that's what you call debating, you have a different idea of the concept to mine.