not been paid

[Giggsie]

I wonder if anyone can help me point my brother to any help. He works hard 7 days a week rarely has time off but has not been paid since July. His boss keeps saying when folk pays him he will then get his money. This week my brother has refused to work until he gets some pay what can he do now anyone help? Will he lose all these wages?

[bednobs]

flipping hell - how has he been paying his bills since July? Eating?

[Giggsie]

luckily he lives on his own but my mum feeds him.He does have savings but as he says they won't last forever.

[TheWinner]

He works 7 days a week? He hasn't been paid since July? Will he lose his wages?
Why on earth is he putting with this?
If he has done the work, he is legally entitled to his pay.
Help him get the help he needs.

http://www.adviceguid...ent/rights_to_pay.htm

If you need someone to help you, get in touch with your local citizens advice.

[Giggsie]

thanks for that link thewinner I would like to get things right to help him. I thought i might phone ACAS but will pay advice centre a visit. He is too soft always thought his boss would get his money in and he would be paid.

[TheWinner]

His boss should NOT have to wait until he has been paid before he pays your brother for the work he has already done.
Your brother has done the work. He is legally entitled to be paid, END OF!
Go with him to your nearest Citizens Advice Bureau, they are very good and I am speaking from experience from helping someone in a very similar situation, where I supported someone who was being put on.

[buildersmate]

This link contains the leaflet that the Citizens Advice Bureau says about the matter - should save you a trip down to the CAB office.
http://www.adviceguid...witholds_your_pay.pdf
Basically:
put it in writing to the employer and keep a copy
wait a short while to see what happens
make an application to the Employment Tribunal to force the idiot to pay up.
What's worse is that he won't be paying the necessary PAYE and NI contributions to HMRC on these earnings - this is also an offence.

[TheWinner]

hi buildersmate, I think that what futricat is saying is that her brother isn't very forceful. Some people aren't. He may not know what he is entitled to, and wouldn't be able to deal with the paperwork involved, and wouldn't be able to deal with the situation. That is where Citizens Advice come in, they would help him to do each step in the correct manner, to a satisfactory conclusion.

[Giggsie]

thanks thewinner and to buildersmate found these links very helpful I will show them to my brother tomorrow. Think he feels guilty refusing to work as it is not his style but we told him to try this to see if it would jog boss into paying him. He works all days nobody else will do christmas day new years day very good worker to his boss. This is so sad for him now this happening. Thanks again for listening.

[grffindoor2011]

Sounds like the boss it taking the P. He wouldn't get away with it if I was his employee.

I had a similiar issue in my younger days. A simple solicitors letter made them pay up.

[TheWinner]

hi grffindoor2011, yes, his boss is taking him for a ride. A solicitors letter costs money, and the citizens advice bureau is free. That's the difference for the normal working man.

[grffindoor2011]

A simple solicitors letter shouldn't be more than £50. Certainly less than the thousands he is owed by the rogue employer.

[TheWinner]

grffindoor2011, why pay £50, when you can do it for free?

[factor-fiction]

I'm trying to work out what sort of employer we are dealing with here. I assume this is a small business- is it just the boss and your brother? And what sort of work do they do? I suspect small operations like this operate in a much less formal way in terms of employment practices.

I hope you don't think I'm doubting you but are you absolutely certain what he is telling you is 100% accurate?

[Giggsie]

i can assure you it is the full story. It is a security business in which my brother works. There is 3 workers in this firm but other 2 always go to his home and face him to get paid. My brother on the other hand being a quiet man phones him and he always promises to put pay through his door and it never happens. Boss texts him about work and where and my brother always goes and does it. This has only been happening this last year. Has been paid til then.

[factor-fiction]

Did he used to get paid in cash then. Was it all above board- tax and NI paid.

[Giggsie]

yes he has all his pay slips always paid by cheque.

[factor-fiction]

I would do as buildersmate has said then. I'm not sure about refusing to work though just yet- it could be risky at this stage

[cathfromsaron]

i would just go to the small claims court! BUT if he agreed to wait for the customer to pay or has been saying its okay, to try to be reasonable and co-operate with his boss, then he may not have a case!

he needs to outline the amount owing and state he wants it immediately!

another issue, has the employer been paying his NI and tax if he hasn't any funds?

[grffindoor2011]

@TheWinner - I'm just saying that the solicitor route is the one I would go down on this occasion.

Let's hope the brother gets the money he is owed, no matter what option is taken.