My employer seems to want me to work for free..
Discussion
As per a thread in The Lounge, my employer is on shaky ground financially. I have been told by my boss and the MD that there is little chance salaries will be paid in January. But, the same token, I seem to be expected to give 4 weeks notice and work for some of January, with seemingly little chance of payment!
I have arranged temporary work for January, but my employer seems unwilling to let me go - even if I take an unpaid leave of absence. How can I get around this ?
I've been sugggested that I would be able to call this an ancipatory breach of contract - but I have nothing in writing. What would PH'ers do ? Thinking of NOT resigning, booking a three week holiday in Jan and seeing if they refuse it for whatever reason.
I have arranged temporary work for January, but my employer seems unwilling to let me go - even if I take an unpaid leave of absence. How can I get around this ?
I've been sugggested that I would be able to call this an ancipatory breach of contract - but I have nothing in writing. What would PH'ers do ? Thinking of NOT resigning, booking a three week holiday in Jan and seeing if they refuse it for whatever reason.
Just not turning into work would mean they would refuse a reference if asked later...but they are going bust so won't be there to ask any way! And I suppose they would with-hold holiday entitlement...does not seem like you will be getting that either if they can’t afford to pay your wage.
I don't think they can actually "do" anything if you just don't turn up/hand in a notice saying bye, apart from sack you.
I don't think they can actually "do" anything if you just don't turn up/hand in a notice saying bye, apart from sack you.
A year or so ago I worked for a legal company that went bust. A couple of days after sending out a group 'at risk' email, and a day after all the rumours began about us not having the cash to pay the wages, they called an all staff meeting.
It was confirmed that there was no chance of being able to pay the January wages, and then in the next sentence threatened that we'd be in breach of contract if we didn't turn up for work!
Some staff were lucky in that if the Administrator needed them to help wind down, they would find the money to pay for January's wages, but a vast majority got through to the end of Jan, got the bum's rush and had to rely on the govt for the £300 odd a week payout.
I got a job a couple of months later, and my boss personally supplied a reference, rather than the now non-existent company. My advixe would be to do two things:
1) Make sure you keep on good terms with someone who can give you a personal reference,
2) Never work for lawyers!
Sorry if I sound bitter, but the company knew it was coming four months prior to going under, they could have done the decent thing and paid us off then. Oh, and they also 'forgot' to pay in our pension contributions for a few months prior to the big moment.
It was confirmed that there was no chance of being able to pay the January wages, and then in the next sentence threatened that we'd be in breach of contract if we didn't turn up for work!
Some staff were lucky in that if the Administrator needed them to help wind down, they would find the money to pay for January's wages, but a vast majority got through to the end of Jan, got the bum's rush and had to rely on the govt for the £300 odd a week payout.
I got a job a couple of months later, and my boss personally supplied a reference, rather than the now non-existent company. My advixe would be to do two things:
1) Make sure you keep on good terms with someone who can give you a personal reference,
2) Never work for lawyers!
Sorry if I sound bitter, but the company knew it was coming four months prior to going under, they could have done the decent thing and paid us off then. Oh, and they also 'forgot' to pay in our pension contributions for a few months prior to the big moment.
tell your boss that if he wants you that bad then he will sign something holding HIM personaly responsable for your wages and giving you the rights to take goods from his home if he defaults.
if he's not willing to do that then dont turn up!
tell him your landlord/mortgage, electric and gas wont give you a months free living so why should you give him a month for free.
or demand cash up front like most firms do with troubled companys.
if he's not willing to do that then dont turn up!
tell him your landlord/mortgage, electric and gas wont give you a months free living so why should you give him a month for free.
or demand cash up front like most firms do with troubled companys.
Edited by dudleybloke on Sunday 20th December 03:29
Even ACAS have said that there is no breach of contract until the salaries actually fail to be paid - at which point I can then raise a grievance etc - but we're into Feb by then, with muggins still turning up at a desk which may or may not be there!
It's certainly making me very stressed...
It's certainly making me very stressed...
as i said above.
get them to pay you in advance.
if they wont then simply dont turn up.
if the companys not there its going to be hard for them to sue you.
mention to your boss that personal clause i described above and judge his reaction.
personaly i would just get another job and forget about them.
if they want to take you for a c@nt, treat them like a c@nt!
get them to pay you in advance.
if they wont then simply dont turn up.
if the companys not there its going to be hard for them to sue you.
mention to your boss that personal clause i described above and judge his reaction.
personaly i would just get another job and forget about them.
if they want to take you for a c@nt, treat them like a c@nt!
I've never met my (new) boss, since the company was bought out .. lol
In theory I have 4 weeks notice, which if the company folds, owes me 4x £350 - if I don't turn up to work, theoretically I renounce my right to this.
However, suffice to say I'm not sitting in an office if I'm not guaranteed to get paid for it..
In theory I have 4 weeks notice, which if the company folds, owes me 4x £350 - if I don't turn up to work, theoretically I renounce my right to this.
However, suffice to say I'm not sitting in an office if I'm not guaranteed to get paid for it..
dudleybloke said:
hows your back?
i can tell from here that somethings not right!
would be terrible if over xmas you hurt it more and had to see the doctor to get a months sick note!
after all, accidents happen!
Yep, it's really icey out. You could even slip up on their property...... Now that could be fun.i can tell from here that somethings not right!
would be terrible if over xmas you hurt it more and had to see the doctor to get a months sick note!
after all, accidents happen!
ridds said:
dudleybloke said:
hows your back?
i can tell from here that somethings not right!
would be terrible if over xmas you hurt it more and had to see the doctor to get a months sick note!
after all, accidents happen!
Yep, it's really icey out. You could even slip up on their property...... Now that could be fun.i can tell from here that somethings not right!
would be terrible if over xmas you hurt it more and had to see the doctor to get a months sick note!
after all, accidents happen!
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff