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Irresponsible employer

(21 Posts)
shoppingshenanigans Thu 11-Jun-20 13:19:05

Apologies if this is in the wrong section. I started a new job at the beginning of November last year, very small team of around 10 people. It has come to light that my employer isn’t the best when it comes to payroll and imo doesn’t do things above board. For example, in the 7 months I’ve been here I’ve only ever received 1 payslip. He also pays wages late most of the time including this month (was meant to be paid on the 6th) but he paid us on Monday instead even though (I’m pretty sure) it should have been paid on the Friday before. I still also haven’t received my expenses/mileage payment which should have been paid along with my wages on Monday and when questioned, his response was “I just haven’t got round to it yet”. Still yet to receive the money so it’s now 6 days late and I have no idea when I will get it, he didn’t give me a date in mind. Last month it was a week late. This is a pattern with him and it’s just something that I and all the other staff have learnt to live with. He doesn’t seem to care that we all have bills to pay and rely on that money. It has absolutely nothing to do with COVID either, he has always been this way or at least since I’ve been here. Everyone jokes that he makes his own rules up when challenged.

Anyway, it saids in my contract that I am suppose to have a work place pension which has not been set up. In my previous job it was set up after 3 months and I received an email from the pension company to say so. I’ve not had any form of communication from my boss or the pension company about this. Another lady who works for the company mentioned that she’d been asking for a pension for nearly two years and his response was “what on earth would you want a pension for?” hmm. She’s actually handed her notice in because of this and many other reasons. I am only 25 but would still like one (for obvious reasons), I’m just unsure as to how to go about it. I know if I ask him, he will just give me a 100 reasons as to why I don’t need one but if I report it to the pension company he will get in trouble (I imagine?) and be very annoyed at me and possibly make my life difficult at work.
I’m sure I could report it unanimously but as it’s a small team he’d probably suss out that it was me. He’s absolutely ruthless when it comes to things like this and has apparently even started paying staff from 5 different companies in order to not have to set up pensions for them/avoid paying tax on certain things. He’s also confided in me that he’s claimed some furlough pay for my wages as I haven’t been working my full hours (still working all the way through this, 5 days a week just not working full days).

I am looking to leave at some point in the future but due to the current situation I don’t think I’ll find a job that pays the wage I currently earn so it’s extremely difficult. Apart from all of this, it is actually quite a nice company to work and I do enjoy the job but he’s obviously not a responsible/reasonable employer. What should/can I do?

OP’s posts: |
Brendabigbaps Thu 11-Jun-20 13:26:08

Put all your effort into looking for another job and then leave. You’ll probably have to suck up the lack of pension. I personally couldn’t work for someone who is probably doing something very dishonest in all this.

If it were me I’d then report him once I’d left.

imsooverthisdrama Thu 11-Jun-20 13:30:35

Your employer is supposed to enrol all employees after 3 months, you opt out if you do not want a work place pension so what your employer is doing is wrong .
Contact the pension regulator
I'd also look on the gov website regarding your pay too because you should be getting a payslip every month / p60 every year and your mileage paid . There maybe a cut off for expenses as they are not always paid together with salary so I'd query that ,don't be fobbed off with when I get round to it .
Me personally I'd not work for a company like this it sounds dodgy as hell .

SomeoneElseEntirelyNow Thu 11-Jun-20 13:32:04

Are you in the UK? Lots of this seems, if not actually illegal, then massively shady.

shoppingshenanigans Thu 11-Jun-20 13:36:49

Will he get in trouble if I contact the pension regulator? @imsooverthisdrama - this is what I'm afraid of as he'll know it's me who's contacted them.

@SomeoneElseEntirelyNow yes I'm in the UK

OP’s posts: |
shoppingshenanigans Thu 11-Jun-20 13:37:45

I have checked my personal tax allowance account and he has been reporting my earnings so I think all of that is above board. It is just the pension/payslip situation, paying wages late etc.

OP’s posts: |
SomeoneElseEntirelyNow Thu 11-Jun-20 13:38:04

Are you in a union? If not, get on that ASAP.

burdog Thu 11-Jun-20 13:38:57

Yikes. Payroll being late says cashflow issues to me. Speak to Citizens Advice and assess your options.

shoppingshenanigans Thu 11-Jun-20 13:40:04

I actually don't think it's that @burdog, I think he's just very lazy/disorganised/doesn't care. It's strange.

OP’s posts: |
AriettyHomily Thu 11-Jun-20 13:40:34

I'd be looking for another job. Literally anyone can set up a proper payroll situation now, HMRC even has a free payroll programme.

Do you know if he has set up pensions properly for anyone?

imamum21 Thu 11-Jun-20 13:45:02

contact ACAS, not paying you what your owed is classed as unlawful deductions. ACAS helped me take my last employer to court well was due to go to court and they settled before it got there but they were brilliant

shoppingshenanigans Thu 11-Jun-20 13:45:43

@AriettyHomily no, I don't think he has. When my colleague asked for hers to be set up he asked her why she wanted one. She told him she shouldn't need a reason, she's entitled to one.

We have someone on our team who has another job working in payroll and she's even offered to take that job off his hands (as she would do it all properly) and he's said no. Obviously wants to keep a close eye on the finances!

OP’s posts: |
GolfForBrains Thu 11-Jun-20 13:50:39

It will cost him employer contributions once he's set up auto-enrolment pensions, bet he is trying to avoid the extra cost.

He sounds awful. Get looking for a new job if you can. In the meantime, can you get together with other staff and present a united front?

shoppingshenanigans Thu 11-Jun-20 13:58:41

Unfortunately my other colleague is leaving now so I don't think she'd want the hassle sad

OP’s posts: |
imsooverthisdrama Thu 11-Jun-20 14:05:02

Will he get in trouble if I contact the pension regulator?
I'm not sure but I'm not sure how he's got away with not putting people on .
In my last job all new employees were put on the pension scheme . If they didn't want to they opt out . How he's got away with this I don't know , I'm assuming it comes up on any audit . Is he the accountant or does he get someone else to do payroll?
Like someone else said it sounds like cash flow problems but if it's just that he's lazy I'd not want to work for a employer like that .
If I'd asked about pension and he'd said to me why do want one I'd tell him that he's supposed to enter every employee onto the pension scheme depending on age . I can't remember what age it is now and it may have changed since I last did it but it's early 20s I think .
Information is power everyone needs to know what they are entitled to , don't let rogue employers get away with it .

Nat6999 Thu 11-Jun-20 14:13:12

Report him to HMRC, you can do it anonymously.

Brefugee Thu 11-Jun-20 14:14:43

Are you in a union? Join one.

And find a new job and when you go make sure the authorities know about him.

LadyMonicaBaddingham Thu 11-Jun-20 14:21:17

Union. Now. You are covered from the moment you join, generally - so do it and then get their advice. They will protect you and tell you what to do about this extremely dodgy situation. Best of luck

Thelittleweasel Thu 11-Jun-20 14:34:40

As @imamum21 says get in touch with ACAS


Happynow001 Thu 11-Jun-20 15:17:54

You should cut your losses st this point. Assuming your finances and personal commitments permit it, I think you should sharpen up your CV and quietly find another job. Things will not get better in this current company with the lackadaisical and uncaring attitude shown by your boss.

Also I would write a formal letter from your work email to your boss (and your HR rep if you have one) to ask for all your missing payslips. Copy this (bcc so he can't see it) to your personal email address so you have a record of your request external to your company's system.

Keep your existing payslip safe as you may need this in case you need to have any correspondence with HMRC (eg NI number, tax code employee number). Make a copy of it also and store it in your person email address.

Also formally ask for your expenses to be reimbursed with your next salary and also registration into the company pension scheme. Another PP has already given you further information about your pension.

In your place I would not undertake any other task which means you incur company expenses which are then not processed. See if you can get those pre-paid instead and then reconcile back.

Don't stay there OP. Work towards getting a job with a more professionally run company as it doesn't seem there is a future where you are.

Mrspoopoohead Fri 12-Jun-20 16:49:52

He will likely get into trouble if you report to the pensions regulator as he’s breaking the law by not automatically enrolling his employees into a pension scheme.

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