employer treats me like a slave, witholding salary

(107 Posts)
Lushlolly91 Thu 01-Sep-16 19:34:26

I work long hours , I am caring, always on time, genuinely care for my clients.
I am a care assistant.

I was initially to be paid on the 18th of each month.
then it was moved to the 26th of each month.
Then it was to be the last working day of the month.

I am still waiting for my complete pay for august (248 hours)

Last month my pay was either late or simply given in dribs and drabs.
I had to borrow money to pay my rent (I live alone)

My employer makes excuses
"i haven't been paid by the council
"i didn't know other employees haven't been paid"

I am living hand to mouth as it is, I am in despair for the last two days, desperate for full payment of my hard earned salary, yet it is not forthcoming.

I must ensure my car Insurance isn't cancelled as I need my car for visiting my clients.

Last month I was forced to ask my nan who is a pensioner to lend me the funds as my rent was due but I hadn't received my full wages, yet again.

Needless to say I am on Zero hours contract, I just don't know what I can do to keep my head above water.

No one cares.

My Employer doesn't care.
He drives his status car around yet his workforce are in despair.

I feel like just giving up.

But I battled through a dysfunctional childhood, to be the mature Independent person I am today.

But AIBU in believing/expecting my Employer to pay my salary on a regular basis each month?

HeCantBeSerious Thu 01-Sep-16 19:36:26

Letter before action. Give him 7/14 days to pay what he owes in full or you'll start court proceedings.

c3pu Thu 01-Sep-16 19:37:44

YADNBU, and although this is hardly helpful to your immediate situation I'd be looking for another employer pronto.

GustyParson Thu 01-Sep-16 19:37:50

It's not Allied you work for, is it? Sounds very familiar to me, sadly.

Feilin Thu 01-Sep-16 19:39:26

What hecantbeserious said. Do it now.

SapphireSeptember Thu 01-Sep-16 19:40:11

No you are not, flippin' hell, do people still get away with this in 2016? angry

www.citizensadvice.org.uk/work/rights-at-work/pay/problems-getting-paid/

Link to CAB here, I know nothing about this sort of thing, but I'm sure someone who knows more will be able to help.

DPotter Thu 01-Sep-16 19:40:52

Check if ACAS gives any advice ?
You could grass him up to the local council - their press office might be interested, especially if you suggest you will go to the press....

Phone up a manager at the council (or the Safeguarding adults team), and tell them about it. I used to work for a council and things like this were taken very seriously- if staff aren't being paid the people you care for are at risk, because you are likely to have to leave to take on other work at short notice. It's also a sign that other things are wrong at the organisation- if staff aren't being paid what other things aren't happening that should be?

I hope you manage to get paid

Lushlolly91 Thu 01-Sep-16 19:47:47

I am on my knees today.

Desperate for support to get this sorted so I am paid on a regular basis.

My nan said she will speak to my employer tomorrow, as I have spoken to everyone concerned, co-ordinator, payroll etc.

It is not my fault or any of the other staff whether the council pays the company on time or not.

Surely it is the responsibility of the actual company to have a contingency plan to ensure wages are paid on time?

We are all working hand to mouth, but each time our wages aren't paid, it is so stressful, and trying to prioritise payments.

HeCantBeSerious Thu 01-Sep-16 19:54:10

You need to deal with this, not your nan.

I invoice for work done and it gets paid a months later. So work done between 1st and 31st July has just been paid by the client. Still needed to pay wages, VAT etc at end of August. That's what cash flow is for.

If your employer can't pay you till he's been paid by the council then the company is on its arse already. Get an escape plan and fight him for your wages.

EreniTheFrog Thu 01-Sep-16 19:54:36

The council should have a policy that they don't use contractors that don't treat their staff properly. When your nan speaks to your employer, could she threaten to whistleblow to the council?

Lushlolly91 Thu 01-Sep-16 19:54:53

sleepingdragon, you are right.

I have applied for alternative employment, but am sad to leave my clients, as we have a good relationship. "ray of sunshine they call me!"

I wondered if other issues are at play here.
I shall name and shame the company when the time is right.

On their website are the charges for clients, it's astronomical, yet we are being practically being forced to food banks.

I can't stop crying today, just desperate for help.
I am alone, my nan and sister help/support when they can, but somehow I need to show this employer (with council contracts) that we can't be financially abused.

I am just so sad.

HeCantBeSerious Thu 01-Sep-16 19:55:54

Your employer shouldn't be talking to your nan. You need to tackle this.

Arfarfanarf Thu 01-Sep-16 19:55:55

You need to talk to acas.

GoLightlyHollie Thu 01-Sep-16 20:01:58

Nothing I can say to help at all, but I just wanted to say that I hope you manage to get it sorted. You sound like a great person and don't deserve this type of sh1t. I have such an issue with zero hours contracts. Sending you hugs and hope you feel ok x

HermioneWeasley Thu 01-Sep-16 20:09:51

Given the shortage of carers surely you can find contracted hours with a decent employer?

AcrossthePond55 Thu 01-Sep-16 20:12:00

Defo find another job as soon as possible. Wages being paid irregularly aren't just a sign of a wanker of a boss, it's also a sign of a company that may be in deep financial problems and doesn't have the income to meet payroll, either because of diminishing income or financial mismanagement/shenanigans.

Toofat2BtheFly Thu 01-Sep-16 20:22:29

An experienced passionate care worker with a car .

Honestly you can go anywhere you like especially if you have completed your care cert and are on the update service. don't put up with it ,there are reputable care companies that don't treat their staff like shit , look for the big franchises with long established roots in the area and a proper head office .

I know it doesn't help you in the short term but don't sell yourself short .

My entire working day revolves around looking , interviewing and employing carers like you , you are a rare find flowers

TheInimitableMrsFanshawe Thu 01-Sep-16 20:29:01

Absolutely what AcrossthePond said - I cannot stress this enough, find another job as soon as you possibly can and start making contingency plans for not receiving all or some of your owed pay at some point.

randomer Thu 01-Sep-16 20:32:32

Citizens Advice and put everything in writing

melibu84 Thu 01-Sep-16 20:35:45

I think you can also report them to HMRC. Look into that.

Good luck!

sleeponeday Thu 01-Sep-16 21:20:30

Defo find another job as soon as possible. Wages being paid irregularly aren't just a sign of a wanker of a boss, it's also a sign of a company that may be in deep financial problems and doesn't have the income to meet payroll, either because of diminishing income or financial mismanagement/shenanigans.

This.

Care workers are in massively short supply, aren't they? Start sending your CV out asap - preferably for salaried roles with set hours, but to agencies as well. If you're on zero hours he has no right to demand your exclusive labour, so no need to even let him know.

Don't get your nan involved - it makes you look childlike, and even less like someone he needs to pay. Ask to speak to a specialised CAB employment worker; most have them (a generalist Gateway assessor isn't going to know enough to help you).

DisgraceToTheYChromosome Fri 02-Sep-16 09:11:22

Hi OP. Letter before action, report to CQC and the council, then walk out claiming constructive dismissal. Sign up with an agency and you'll have work in 24 hours.

I wouldn't hold out much hope of getting your back pay within 6 weeks, if at all. These vermin usually have a Phoenix company waiting to go, and the old one will owe HMRC too much to ever pay the other creditors.

Courage.

Your chances of

Lushlolly91 Fri 02-Sep-16 09:44:20

gustyperson,

no it isn't Allied, have you had a similar situation?
It feels like we are at the bottom of the heap and totally disrespected.

At least 4 times a week, I work from 6a.m, which obviously means leaving home earlier (5.30)to pick up another assistant.

I am never late as I have empathy for clients who are waiting for their bags to be emptied.
I work through, with 2 breaks until my last client at 10p.m.
Which means I get home at 10.30, time to cook/eat/sleep then do it all again the next day.

This Company is a "big company", but I noticed their website is being overhauled, maybe yes, they are in financial trouble.

The Co ordinator sends my schedule, but I am reluctant to refuse the hours as I could be "punished" the following week.

I have sent out my CV, also been offered full time employment, but the massive pay cut will leave me with a shortfall each month.

I am not entitled to Tax Benefits, I work hard, but still can't pay my way.
But to the opening of my thread

Am I Being Unreasonable To Expect To Be Paid For My full Working Hours?

I am considering your advice, re a letter to the council and will contact CAB.
All I want is reasonable employment, to be paid, to be financially Independent, to live a decent respectful life.

But after a truly dysfunctional miserable childhood, maybe Crap is the keyword of my life?
But no, I won't let the bastards get me down.

HeCantBeSerious Fri 02-Sep-16 10:08:48

*At least 4 times a week, I work from 6a.m,
........ until my last client at 10p.m.*

Not sure whether care work is exempt from rest breaks legislation but if it isn't that's unlawful too. I'll check now.

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