Pay & Employment Law?

Question

I am currently working for a company in London. I have been working for them for over 8 weeks now. I was informed and signed a contact at the start of employment stating I would be paid every two weeks. But I would would the first 4 weeks in hand, then being paid 2 weeks after that. I have been paid once. (And that was late) I now due my pay again. It's one week late already and I have now been informed they are not going to pay us for another two weeks. I just want to know where I stand legally with this, if at all? And what procedure I can follow to secure my owed monies? 

Thanks

Grumpy Employee

! · Accepted Answer

Talk to your employer, and if that doesn't get your cash sorted out quickly, contact ACAS, the employment law experts, who handle anything to do with employment queries and problems. They will give you free, impartial and confidential advice. Masses of useful info, plus contact details, on their website: www.acas.org.uk or ring them on 08457 47 47 47. 

ACAS will contact your employer on your behalf if you ask them to.

lindyloo · Answer

You have a contract stating when and how often you will be paid.

By paying you late they are breaking the terms of your contract.

You need to try and resolve this with your employer by talking to them first and if this is not successful then you can 'raise a grievance' (make a formal complaint.)

It should tell you in your employees handbook, or perhaps in the contract, how to do this.

If you are a member of a trade union you should be enlisting their help (that's why you paid to join!)

To be honest paying late is the first sign of financial problems in a business so you would be wise to start looking for another job asap.

If you do not get a response from your employer then you can visit CAB for further help.

Also have a look at CAB's website www.adviceguide.org.uk.  There is some useful information there.

Nick · Answer

Malik, I agree with others that this implies financial troubles, so be wary.  Ask your co-workers if this happened before or if they are worried.

It is a breach of your contract, unless it is a simple mistake and is corrected within 24 hours.  I suggest you ask firmly what the problem is, and stress that you cannot afford to go unpaid.  Ask for an advance, to see if they really are flaky.    

Legally, you can apply to an Employment Tribunal under 'unlawful deduction from wages', but it could take weeks to resolve.  Search Companies House for the audited accounts of your employer, and if you see a problem, look elsewhere as soon as you can.

By all means try ACAS, though they can be a bit hit or miss, as the agents are variable.

Good luck.

Avis Acebedo · Answer

Times are tough for many companies, and when cash is short it is tempting to try to save money by delaying payment to employees or not paying terminated employees. But paying employees is one of your top legal obligations. If you have employees, you must pay them. Attorney Michael Helfand discusses the legal obligations of employers and the repercussions if employees are not paid in a timely manner.

Dan B · Answer

In the USA, they and you signed a contract to be paid every two weeks.  They broke their own contract.  Sounds like the company is in serious financial trouble.  If you have a labor relations board or something similar in London (UK), then talk to them.  I see a possible law suit in your future but not much chance of recovery..

Pay & Employment Law?

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