Legal advice - pay issue

reflux

reflux

reflux

Soldato
Joined
15 Nov 2007
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Location
Hertfordshire
Hello chaps and chapettes,

Work sat me down on the 5th of this month (I get paid on the 6th) and told me they couldn't pay me for November. Then they used this opportunity to tell me that I should look for a new job, because they didn't have any idea when they would be able to pay me. They put me into my 3 month notice period, but this means **** because again they don't know when they'll be able to pay me for it.

Where do I stand on this? Can I withdraw labour and send them nasty letters until they pay up? Or should I continue to work (as I am) in good faith, hoping they'll pay up (and hoping they'll give me a good reference when I leave)?

It's really stressing me out - I really need the money and job interviews have proved fruitless so far. Any thoughts?
 
CAB in this instance.
Is the business in serious financial trouble? In that case, nasty letters won't (unfortunately) do anything. You need to speak to them, and get an as definitive as possible answer on when you can be paid (or at least some of it).

If they can't answer, then I would not continue working. I'd take this opportunity to look and apply for other jobs.
 
tres said:
CAB in this instance.
Is the business in serious financial trouble? In that case, nasty letters won't (unfortunately) do anything. You need to speak to them, and get an as definitive as possible answer on when you can be paid (or at least some of it).

If they can't answer, then I would not continue working. I'd take this opportunity to look and apply for other jobs.
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It isn't totally up a creek, but they've told me they can't pay me because cash flow is so bad. I am somewhat suspicious that they're using the situation to get rid of me to be honest. The only answer I can get out of them is "maybe, soon" which is about as vague as they could give :(
 
I am just within my notice period, so I am expected to work until March 5th, or up until I get a new job. The business is still running to all intents and purposes, other than paying me.
 
Sounds well dodgy, did your manager get paid? Colleagues get paid, if everyone is in the same boat then it may be believable. BUt certainly not a company you would want to continue to work for.
Cab will get it sorted for you, good luck.
 
Showboat said:
Sounds well dodgy, did your manager get paid? Colleagues get paid, if everyone is in the same boat then it may be believable. BUt certainly not a company you would want to continue to work for.
Cab will get it sorted for you, good luck.
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Well, the structure of the business is such that I am the only employee - the others are directors. One doesn't take pay because he legally can't, as he receives huge benefits (totally legitmately), and the other doesn't because he has fingers in other pies, so to speak.
 
#Chri5# said:
I'd speak to CAB as well, but it sounds like they are in breach of contract as you are entitled to your normal pay and benefits during your notice period. Could be a pain getting money it they are still trying to trade though.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Resigningorretiring/DG_10026689
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Yeah, that's the problem. Unfortunately CAB Leeds aren't open today, but I will go in tomorrow. I definitely think it'll be a pain getting money out of them... despite the fact that I think it's their problem to deal with, not mine :mad:

Vanilla said:
WHy are you still there? Are you working for free? No money no notice period.
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For two reasons -

  • Because I want to show good faith that I'm willing to give them some time to find the money, because they have been a pretty flexible employer with holidays etc.
  • Because I want to get a good reference from them when I leave

But both of these things are starting to look steadily less important...
 
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I had this, a company not actually wanting to do the redundant thing, costs them. Kick off. Send letters and document it all. Don't agree to ANYTHING.

Go home if you like, they can't make you work for nothing, you have a contract, they're breaking it. DOn't sign anything, agree to anything just keep quiet and, if I was you, leave.

You need as much time as you can to find a job. Or use their systems and contacts to do it while you're there.
 
QuickLink said:
I had this, a company not actually wanting to do the redundant thing, costs them. Kick off. Send letters and document it all. Don't agree to ANYTHING.

Go home if you like, they can't make you work for nothing, you have a contract, they're breaking it. DOn't sign anything, agree to anything just keep quiet and, if I was you, leave.

You need as much time as you can to find a job. Or use their systems and contacts to do it while you're there.
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Thanks for your thoughts - it's what a lot of people are telling me. But I speak to my parents, and they say I should chill and give the company the benefit of the doubt, that I need a good reference etc. :mad::mad:

It's really difficult to know what to do.

Moses said:
Say you're going to go with a winding up petition :cool:.
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:D sounds good!
 
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If your at work each day I assume your producng stuff for customers?


surely stopping doing this will end the comapny if your the only employee.


if you employers are well off (sounds like they are), then are taking the **** by expecting you to work for nothing!

Have they confirmed you will get back pay etc. if they do pay you?

If they can't pay you and you still want to work there. Ask for a percentage share of the business? Or take the customers and go self-employed?
 
Volitous said:
If your at work each day I assume your producng stuff for customers?
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Not explicitly, as there genuinely isn't much work. Mostly I'm working on internal stuff atm. But still...

Volitous said:
if you employers are well off (sounds like they are), then are taking the **** by expecting you to work for nothing!
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Exactly, they've been happy to put money into the business when it has suited them, so I don't see why they can't now.

Volitous said:
Have they confirmed you will get back pay etc. if they do pay you?
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They haven't confirmed a figure, but they say I will get November + my three month notice period if I stay for that length of time.

Volitous said:
If they can't pay you and you still want to work there. Ask for a percentage share of the business? Or take the customers and go self-employed?
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I don't really want to work there any more - I want a new job, I'd just rather things didn't end up like this really.
 
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