/ Salary Not Paid For 2 Months?

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PaulHermes - on 03 Nov 2012
Hi,
I had to recently resign from my job of 14 years due to the fact that my salary over the last year had been paid in dribs and drabs and for the months of August and September ..not at all!!
I thought it best to resign and start looking for work.

Can sombody tell me how to get this money back? Small claims, constructive dismissal or do a deal?
Help
highclimber - on 03 Nov 2012
In reply to PaulHermes: I think you might be able to sue them but as you've resigned you might have waived some rights. speak to ACAS or CAB.
Mooncat - on 03 Nov 2012
In reply to PaulHermes:

Employment Tribunal's your best bet, you've got a case for constructive dismissal as payment terms are part of you contract and they've breached it. Go for illegal deduction of wages alongside the dismissal as well. Get your ET in ASAP, you only have 3 months from the date of your resignation.
Mark Morris - on 03 Nov 2012
In reply to Mooncat: Second this. You would also be in better position if you had not left their employment.
PaulHermes - on 04 Nov 2012
In reply to PaulHermes: Thanks
Indy - on 04 Nov 2012
In reply to PaulHermes:
The obvious question to me would be.... why are they not paying? is it because they don't have the money because business is bad if so it would be a bit pointless suing.

Is there more to this than in the original post?
Dave Perry - on 04 Nov 2012
In reply to PaulHermes:
Mooncat's advice is fine.

Leaving won't be detrimental unless you've not tried to ask for your unpaid wages. You could also use the small claims court provided the amount is within their remit (I've can't recall the limti)
Do it quickly though cos if the company is going under you won't be head of the queue as an ex employee.
thin bob on 05 Nov 2012
In reply to PaulHermes:
Not being paid would strike me as 'constructive dismissal', suitable for an employment tribunal claim.
Tribunals take quite some time, so (personally) I'd start a small claims as well, just ion case the company is in trouble (should be quicker and you might be able to take goods in lieu of cash?).

Get some advice though, I'm no expert!

https://www.gov.uk/pay-and-work-rights-helpline
EeeByGum - on 05 Nov 2012
In reply to Mooncat:

> Employment Tribunal's your best bet, you've got a case for constructive dismissal as payment terms are part of you contract and they've breached it. Go for illegal deduction of wages alongside the dismissal as well. Get your ET in ASAP, you only have 3 months from the date of your resignation.

Sounds like the way forward, but could the OP not speak to the employer and then pursue this line if talks break down?
PaulHermes - on 05 Nov 2012
In reply to Indy: Hi,they claim that they dont have the money. It has put huge financial pressure on me plus the ex wife in a mess due to lack of maintenance going to her
Richard Wilson - on 05 Nov 2012
In reply to PaulHermes:
> (In reply to Indy) Hi,they claim that they dont have the money.



Is it just you they have not paid or is it all the workforce?
How many do they employ?

Sounds like they are trading whilst knowingly insolvent.

Sure that is one of the few reasons that you can go after the directors money & not just the companies.
Sarah G on 05 Nov 2012
In reply to PaulHermes:
Obvious question....I take it you're not in a union?

Sxx

Jim C - on 05 Nov 2012
In reply to Sarah G:
> (In reply to PaulHermes)
> Obvious question....I take it you're not in a union?
>
> Sxx

Interesting that you say that, there are redundancies in the company where I work, and I spoke to the Union rep why there was no meeting to discuss it. He said no one in the union was affected.

Now does that really mean that by luck no one in the union was affected, or was it that the company deliberately avoided union members (as there are easier pickings with people who have no one to speak up for them ?)

I also have had people who 'got a letter' asking me (as a union member), if I have had received any advice from the Union, on what their rights were on a number of proceduaral issues and statutary rights.

I DID get this information(as a paying member) but why should I have to feel obliged pass this on to people who are not prepared to join the union, but then want help when they are in a bind.

Is it these people don't believe in unions, (until they are targetted themselves) or is it that they just don't want to pay out the money?

PaulHermes - on 05 Nov 2012
In reply to Richard Wilson: They employ eight people and no union.
All the staff have in the past been paid late and in small amounts.
I decided it would be time better spend looking for a "proper" job. They owe 3.5k and all i got last month was 200!
Fortunatly i start a new job next week but i want to repay all my friends and family and ex wife what i owe them!
PaulHermes - on 06 Nov 2012
In reply to PaulHermes: Cheers
Sarah G on 06 Nov 2012
In reply to Jim C:
Yes, funny that. The union movement has ensured that we have reasonable working hours and practices, and that employers adhere to current safety and working legislation. When employers wander away from this, it tends to be unions who intervene to put it right.

But people seem to feel that it isn't worth being in a union. For the access to advice and legal cover alone, they are worth it. I think maybe many people are thinking of the union movement as being unneccessarily militant, and demanding extra pay where it isn't deserved (eg underground drivers during the Olympics) and nearly bringing the country to its knees in the 70's and 80's. Faced with the high profile negative stuff, it is easy to forget the huge amount of work unions do for the individual members and groups of members in protecting and even educating them in various skills. One good look at the Royal College of Nursing website is hell of an eye-opener! The RCN is even able to advise at Governmental level and is involved in major policy-making due to its expertise and cachet. A great deal of what it has put together is also available to non-union members in the interests of spreading good practice and information, too.

Anyway, Paul, as you are not a member of any union, then all I can suggest is that you go down the route of the CBS and ACAS to establish your entitlements and to assist with whichever legal route you choose. You can bet your ass the directors haven't given themselves a 99% pay cut over the past few months!

Hope you have some success,

Sxx
Richard Wilson - on 06 Nov 2012
You could force a bankruptcy or liquidation as the debit is over 750.

However you might still not get paid or only paid pennies in the pound. With luck the threat will get them to pay up.


What sort of job was it? IE was most of it commission based & only due once the client had paid up?
PaulHermes - on 06 Nov 2012
In reply to Sarah G: thanks
PaulHermes - on 07 Nov 2012
In reply to PaulHermes: cheers
mark burley - on 07 Nov 2012
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