Non pay

[DanFlo]

Where do i stand if my employment finishes at the end of this month and i don't get paid what's due to me. I have no signed contract.

[Postdog]

I think the question that leaps out is what makes you think you won't get paid?

[DTCwordfan]

Probably works in the backroom for Plymouth Albion - just been announced that they are getting 15% of salary for May to be paid at the beginning of the month, not the end. 1st pay appaently in 3 months or so.

[Buenchico]

Even if there's nothing in writing, a contract exists between you and your employer. (If I agree to your offer to do your shopping for a fiver we've both entered into a legal contract. There's no need for a written document).

If someone owes you money, and you don't get it, all that you can do (which doesn't involve a couple of big guys with baseball bats) is to follow this procedure:

1. Issue a formal, written demand for the money which is due to you. Your letter must show your own name and address and the name and address of the person (or firm) who owes you the money. (If it's a limited company, the letter should be addressed 'to the Company Secretary'). The letter must also be dated. It should state that it is a formal demand for payment, quoting the amount due and why it is owed to you. The letter should clearly indicate that if payment is not received within a specified period of time (I suggest 14 days) you will commence legal proceedings. Keepa copy of the letter and send the original by recorded delivery. (Retain the proof of posting).

If you don't get your money . . .

2. Commence court action, using the online procedure here:
https://www.moneyclaim.gov.uk/web/mcol/welcome

Once you've got your court judgement, if you still don't get your money . . .

3. Commence enforcement action:
http://www.hmcourts-s...enforcement/index.htm

Chris

[DanFlo]

@ Postdog, I work for a right B*stard.

[kernowayr64]

Yep, civil claim in County Court is one option but, depending on circs., you might be better off with ET claim for "unlawful deducation of wages" or, if company goes under at the end of the month - claim for the N.I. fund administered by the govt. and get up to 90% of what you're owed. Those are your options, but either way you probably need to speak to at least CAB face to face before acting to decide which route of course is most appropriate and chances of success - and in case of ET route will need to show you have first raised the issue as a grievance and given fair oooprunity for employer to resolve - and don't fall foul of ET time limites either (3 months less one day after the "breach of contract" being complained of happened then you're snookered I believe which leaves the Civil Court claim and, if they've no money available anyway (or claim they don't) you still maybe wouldn't get proper justice.

[kernowayr64]

You will, of course, also qualify for redundancy on top of the wages if you have worked their continuously for more than 2 years (& can prove by payslips and/or P60s if necessary). Otherwise, write to N.I. office & HMRC office and ask them to confirm that deductions being passed over to them regularly for at least that length of time might be an option.

Current upper limit on redundancy money is £400 a week - single rate for years worked under 41, one and a half for years over 41 and I've forgotten what the final step up rate is. CAB should be able to confirm this for you too.

[kernowayr64]

under/over age 41 that is btw

[mike11111]

But Chris, surely a couple of big guys with baseball bats is easier!

[DanFlo]

Thanks for the response Kern. The company i work for originally went into liquidation at the end of Feb, restarted production after a few days of stoppage under a new name. I was paid cash for Feb, a printed pay slip in March (without the new company name on it) and a day late, but included details of Feb pay. This month i received a pay slip with the company name on, and another covering Feb and March, both with my wrong address on.
We are not making a profit and my boss is heavily in debt and we've learnt that he's the type of man to cut his losses, hence my worry about not being paid.

[DanFlo]

Thursday is pay day, baseball bats will be used on Friday if i'm not paid.