Quick Employment Question

Liquidfox · 17 Jan 2011 at 14:08

So here goes, my contract states i am to be paid on the last working day of every month. The office closed on Christmas Eve until the 4th of Jan with the 3 days in between covered by myself and one engineer being on call if needed. The words used were "If you're called out, you get the day back, otherwise it's a holiday."

I'd take that to mean that the 24th was our official last working day. I received no pay until the 4th of Jan where i got around half of my pay. To this day i have received nothing further of my pay to the point where i can't actually get to work anymore. I notified both my manager and the Boss of that and heard nothing.

I got a text from the boss saying this morning saying that the rest of my pay would be here today, and as of yet i've had nothing (I always get it the moment they hit the pay button), and i'm just wondering if they can actually do anything about it?

As far as i can tell, they couldn't sack me for not going in since it's their fault they haven't paid me. (Yes i know not getting paid is a sharp sign to get the hell out, which i'm trying my hardest to do!) Just incase they don't pay me today and i can't get in tomorrow again.

I don't feel like i should have to be loaning money of family or friends just to get into work because they haven't paid me what i'm owed from what's edging on 3 weeks late now. Taking them to court for consistently late pay isn't going to do anything from what i can tell, so there's not much point there, it would just hurry up the inevitable from what i could tell...

Any words of advice apart from the obvious get the hell out is most appreciated!

Colbaker · 17 Jan 2011 at 14:43

Hi, i don't think the fact that you have not been paid is a good reason for you not getting into work, if you know your pay is always late then maybe you should have tried to keep some money back for the commute to work, i assume they are not paying you for the days you are unable to attend? Might be worth asking for an overdraft for this sort of situation, you can then pay it off when you finally get paid.

tres · 17 Jan 2011 at 14:43

If your contract states you'll be paid on the last day of the month, and you weren't, the employer is liable to reimburse you for any charges caused by the delay in payment.

Ie. overdraft fees etc.

Liquidfox · 17 Jan 2011 at 16:21

Colbaker said:
Hi, i don't think the fact that you have not been paid is a good reason for you not getting into work, if you know your pay is always late then maybe you should have tried to keep some money back for the commute to work, i assume they are not paying you for the days you are unable to attend? Might be worth asking for an overdraft for this sort of situation, you can then pay it off when you finally get paid.

I normally keep enough back to last a week. You can't be serious in saying that I should be keeping enough to last three weeks! There's no way I could live like that. I'll be getting paid for today, as its not my fault I couldn't get into the office. Got an overdraft last Christmas because of a similar situation, took me ages to get out of it due to not earning too much and having fairly high outgoings 50% of my wage goes before I see it, the rest is mainly spent on fuel for work and then me on the weekends.

He said id be getting my full wage today and surprise he's only paid me £100 of it, enough to get me into work. It wouldn't be so bad if he at least spoke to us about it and apologized, he just expects us to go along with it and wait...

Colbaker · 17 Jan 2011 at 16:29

I'm sorry my last post sounded a bit horrible, There would be company's out there that would punish you for not going into work whether or not they have paid you, Sounds like a pretty bad company as you know, The company should obviously have paid you for what you have worked but are not responsible for you commuting to the place of work.

It's all about your contract of employment, What does that say in regards to renumeration or you work, I would not be surprised it this company did not give you a contract of employment?

Liquidfox · 17 Jan 2011 at 16:34

I got a contract, but it ain't worth the paper its written on and covers nothing more than the basics. It mentions nothing about reimbursements, only what the boss has said verbally. It's starting to take the mick now. I wouldn't have minded so much today if the boss hadn't said he was going to pay it all and then o ly come up with the £100. Nothing to say he'd changed his mind. Argh! Can't wait to get out of that place!

EDIT: I can see what you're saying about them not being responsible about my commute, but surely that only applies when they actually pay you on time, EG i couldn't say towards the end of the month that i've ran out of money when my pay isn't due for another week or so. Surely the fact they haven't paid me would make them directly responsible for the situation?

MrMoonX · 17 Jan 2011 at 17:19

i get paid last working day, which in this case was the 31st, i got paid as normal, so i dont see why your company cant pay you on time, you can fast track them to an ET if its for non-payment of contractual pay

Castiel · 17 Jan 2011 at 17:25

The very fact of being on call, yet only being paid if you are called out is a little harsh tbh. At least a standard payment for the inconvienience.

Dave M · 17 Jan 2011 at 17:42

Liquidfox said:
I normally keep enough back to last a week. You can't be serious in saying that I should be keeping enough to last three weeks! .

I'd be a nervous wreck if I didn't have at least a few months worth of savings.

I'm guessing (hoping) you're at home with no other commitments? If so then give them the finger and have a few months off while you job hunt.

mattyfez · 17 Jan 2011 at 18:44

Don't ever become a contractor, lol!

I'm confused, are they simply not paying you for hours worked, or are they sticking the outstanding cash into the January payment? The op reads like you got November's wage at the start of December as you would expect, but you have only had a partial payent for December(paid at the start of jan)?

[TW]Fox · 17 Jan 2011 at 19:05

Liquidfox said:
I normally keep enough back to last a week. You can't be serious in saying that I should be keeping enough to last three weeks!

Of course he's serious, what happens if your company goes bust, or you get fired?! You'd need a lot more than 3 weeks money then!

Building up a buffer for things like this comes before buying Xbox games, a new TV, or takeaway pizza...

Colbaker · 18 Jan 2011 at 00:35

If the reason your company is not paying you is that they do not have enough funds then unfortunately the likelihood of the keeping you on is slim, If you have not been paid for your work then how do you know when/if you are going to be paid for any more work you do?

Liquidfox · 18 Jan 2011 at 11:03

Luckily i got a nice phone call last night saying i've got a new job!

I'm trying my best to build up savings, but earning what i do, and overspending a bit on the car when i was younger means i've got a bit of outstanding debt, fair enough it's only with family but it's debt all the same.

Hopefully, this new job will sort everything out and i'll be able to start building up some precious savings!

Liquidfox · 18 Jan 2011 at 18:31

Another quick question to people here:

I've been advised that even though i'm walking out and not working any notice, i'm still entitled to my pay up until Friday (when i'm leaving), and any expenses incurred this month (namely fuel expenses). Can anyone confirm this?

A2Z · 18 Jan 2011 at 19:02

Why are you not working any notice?

Liquidfox · 18 Jan 2011 at 19:05

It just prolongs the pay situation. I'm not getting paid on time, the sooner i can start my new job where i'll be getting paid on time the better.

mattyfez · 18 Jan 2011 at 20:04

You should be paid what you worked minus any excess holiday allowance if you took more holidays than your entitled to for the period you worked. For example if you were employed for 1 month, and took five days holiday in that time, you will loose about 3 days wages depending on your contractual holiday allowance. Assuming its a standard paye type job.

Not working your notice is bad form though, unless they agree to release you on the grounds you have stated. Is it a big company or a small thing?

Liquidfox · 18 Jan 2011 at 20:20

Small company, sick of the situation to be honest. I wouldn't have done this had there not been a problem with pay.

Consistently having to lie to customers about why their order hasn't been fulfilled. The company doesn't have any money. It's living on order to order, all previous staff, me included are wondering how it's survived like this for this long! The boss makes decisions based off of his own interests, not those of the company, or moreso the advice of the accountants!

mattyfez · 18 Jan 2011 at 20:55

Liquidfox said:
Small company, sick of the situation to be honest. I wouldn't have done this had there not been a problem with pay.

Consistently having to lie to customers about why their order hasn't been fulfilled. The company doesn't have any money. It's living on order to order, all previous staff, me included are wondering how it's survived like this for this long! The boss makes decisions based off of his own interests, not those of the company, or moreso the advice of the accountants!

Hmm, in this case it might be sensible to cut your losses and do a runner, and confront any pay issues from outside the box.

Provided that A) You don't need them for a reference and B) the other job is a safe bet... ie, its already in the bag, and they are more reputable?

The Halk · 18 Jan 2011 at 21:07

Telescopi said:
I'd be a nervous wreck if I didn't have at least a few months worth of savings.

I'm guessing (hoping) you're at home with no other commitments? If so then give them the finger and have a few months off while you job hunt.

This is very true. When I was a great deal younger I ran my finances badly. Now that I run them well, I have a much more pleasant time of it.

Pretty much anything could happen and I could take it in my stride, it's great peace of mind.