holiday paid paid in advance

[reiknor]

I work in a sub post office,getting paid cash in hand weekly. Since working there the staff had always been given their wages in advance whenever we went on leave. There's nothing written down to say we get paid in advance,it's like a gentlemans agreement that's what happens. The postmaster retired about six weeks ago and sold the business to a new owner. We were told that our contracts,terms of employment,agreements etc. would be transferred to the new owner and nothing would change without our agreement. I believe it's also the law that is what happens. Since the takeover the staff have not had anything in writing or been given any info about our contracts so we presumed all agreements written and oral are the same as before. This week, and next ,I'm on leave so I was expecting to receive my wages in advance at the end of my duty last week, as I've always had since working there.However, the new postmaster told me that this was not going to happen and that I would get a weeks wages at the end of each working week I'm off,not in advance as agreed with the previous owner. My question is,am I entitled to my pay in advance when I go on leave even though there is nothing in writing to confirm it,only a verbal agreement with the previous owner?

[jno]

if it wasn't part of your contract, I'd have thought not.

[factor-fiction]

Had you asked for pay in advance? I don't think the new owner would have necessarily been informed of this 'custom and practice', so would have just made your pay up in the usual way I expect.
Have you asked him?
Yes this might be an implied term and you could take some legal advice but it's hardly going to set relationships up on a good footing. So my advice is just to ask politely, pointing out the previous practice.

[reiknor]

Thanks, the new owner was asked politely annd informed of the previous arrangement, and the previous owner had also informed him beforehand, but it made no difference. He just said his accountant, and other people he spoke to,told him that wages are paid at the end of the working week not in advance. I guessed that I'd probably have accept that I wouldn't get paid in advance,but I needed to check.Thanks again for your advice. As for setting up a good relationship with his staff , he's not been helping matters ever since he took over but that's another matter!!! Thanks again

[bednobs]

when you say you get paid cash in hand, so you mean not officially - "off the books"? do you pay tax/ni?

[reiknor]

it's all legit,pay taxes & NI, get a wage slip etc What I meant is I get my wages paid in cash,not paid direct into bank account.

[factor-fiction]

If buildesmate pops in later and sees this thread he may be able to offer some good advice on this. It sounds to me that you may have a case under TUPE but even if you do I'm not sure it's worth making too big an issue out of this.

[buildersmate]

It is exactly as F30 suggests - if it has been going on for a while (lets' say at least a couple of years), in law, it has become an 'implied term' of your contract. It doesn't matter what his accountant says (which he is presumably quoting you to make it sound impressive).
However you will have to judge whether it is worth making an issue over. I can see that if you rely on the money for your holiday and aren't able to use savings to tide you over, it is going to be extremely inconvenient for you.
I will try and find something for you to print off to show your new boss about implied terms of contract.
Jno - there is more to employment contracts than what is written down.

[buildersmate]

Here you are - something off one of the Government website - that should impress him!
Bullet point 7 then read further down about 'custom and practice'.
http://www.direct.gov...onditions/DG_10037109

[reiknor]

Thank you very much buildersmate,that info is very useful and much appreciated.