Withheld salary after leaving role

[Kol]

Hi chaps,

After a bit of advice here if you wouldn't mind. Just before the turn of the year I accepted a new role for a company, however it turned out to be very different from what was discussed. After four months with the business I handed in my notice, the statutory period (as no other notice period was indicated) being one week which I worked. I had also accrued eight days annual leave by this point. So my final salary was due to be paid last month.

However, it wasn't paid so I contacted the company (as advised on CAB) to resolve the issue on Tuesday. Wednesday passed with no response so I followed up with my superiors, along with the person responsible for payroll and heard nothing until today saying they are having cash flow issues and that senior management were not paid last month. However, they have said they would pay me once cash flow permits them to do so.

What should be the next step here? CAB advise sending a recorded letter with the previous communications along with a breakdown of monies owed, however I'm not sure if this is too strong now that they've informed me of this.

I feel that senior management not being paid is irrelevant as while they considered my role to be senior, I wasn't senior management. The hierarchy was CEO, my direct superior, me. Also, if they were not paying senior management, are they not obliged to tell me in writing (or at least notify me!) that they were not going to pay due to cash flow issues?

Any thoughts?

 

[Kol]

Thanks James - that's what I was thinking. I'm quite often seen as a peace maker, but not to the point where I have my good nature taken advantage of. I may respond saying that I'm sorry to hear that senior management were not paid, however that is irrelevant.

I'm not sure that argument would stand up in court.

Shouldn't you be using ACAS conciliation service? As opposed to CAB?

The CAB was just for a snippet of advice, is ACAS relevant when I'm no longer employed? I'll take a look, cheers mate.

 

[Kol]

Cheers buddy. Just the advice I needed really. I'll give them a call. Thanks.

 

[Kol]

They won't be insolvent, they have big contracts and very few staff. I know the incomings versus outgoings. According to ACAS and a few other sites, I first have to give them the opportunity to put it right before then an employment tribunal and then court. I'm tempted to give them a bit more time now they've acknowledged the money is owed and still outstanding.

 

[Kol]

Cheers gents. On ACAS advice I've given them until the 17th. If full payment is not received by then I will proceed with legal action.

If a company were to become insolvent, what would then happen to their 'product' ?