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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

employer treats me like a slave, witholding salary

106 replies

Lushlolly91 · 01/09/2016 19:34

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?

OP posts:
JellyBelli · 02/09/2016 10:22

Dont get your Nan involved, phone ACAS now.
0300 123 1100

www.acas.org.uk/index.aspx?articleid=2042

mintybluemoo · 02/09/2016 10:32

Report to HMRC, employee's helpline. If they are not paying you, they are probably not paying your tax to hmrc! I'm sure the revenue would want to know about that.

Good luck! Smile

Original poster
Lushlolly91 · 02/09/2016 10:34

thank you.
I am at work now, I will reply asap.

OP posts:
Needmyowndesertisland · 02/09/2016 10:37

Slightly different situation but ACAS have been helpful where I wasn't paid my last months wage when I left my job. I've ended up borrowing the money to take it to tribunal.

ThreeSheetsToTheWind · 02/09/2016 10:38

I'm a care worker and I am amazed at the length of your day. I couldn't do my job properly if I had to work that many hours. It is a HUGELY responsible job, peoples lives depend on us. It is totally unacceptable that you are being treated this way.

I think you need to bring this to the attention of your M.P. straight away.

Also, there are some clients who hire carers direct, have a look at Universal Jobmatch and search for Direct Payments. Good luck Flowers
We carers deserve a decent wage as well, let alone being paid on time.

Original poster
Lushlolly91 · 02/09/2016 12:53

omg, I have just heard someone has told cqc, and he is being investigated now.

I have been offered another similar job, with less pay, I have sent my cv to agencies.
But.

  1. what happens to my clients who depend on us?
2.what happens to my outstanding pay?

not sure what to do next.

If I continue working, for this company it could last at least for another month before I manage to find alternative employment, then not only am I owed funds from August but September too.

If I leave now, I will get in arrears with my rent and utilities/car insurance etc.
what a mess, that's the life for us on Zero hours.

AIBU to hope I won't sink in debt through no fault of my own?

OP posts:
Solina · 02/09/2016 13:02

Take the other job. Even though it pays less surely it is still better than not actually being paid for all the work you do? Will the new job mean that you wont need to be borrowing as you have steady income?

I know it feels awful to leave the clients but being able to pay for rent/food etc is more important at the moment.

randomer · 02/09/2016 13:29

can you do some cleaning just to tide you over......usually people pay cash in hand 10 to 15 an hour

randomer · 02/09/2016 13:31

I believe you can take out insurance and become a carer privately. Gumtree aften have ads, people wanting care. you will get work through word of mouth too.

IdaDown · 02/09/2016 13:36

^^ Randomer

This, you can set your own hours, rates and clients.

randomer · 02/09/2016 13:48

yes you are punished if you complain. The whole system needs a massive overhaul. When I did this type of work the " carers" who were in and out,writig up their notes before they even did anything and never bothered the office got all the hours.
I witnesse elder abuse and refused to go along with it so I got no work. IT IS WRONG

CiaoVerona · 02/09/2016 13:48

I think, you're well within your rights to refuse to work for these guys any more, in fact Id simply leave, whats the point in working for a higher rate of pay you may never actually receive.

In terms of your clients, its not on you to make sure they are taken care for free.....if your company go's bust council will step in they will be taken care off, you on the other hand will be broke unable to pay your bills.

So, Id go into your job insist they pay you Now if they refuse.....id leave.

CiaoVerona · 02/09/2016 13:49

Taken care of*

spiggidydodah · 02/09/2016 13:51

If your employer's actions mean that you've been paid below the national minimum wage at times then there's the option of asking HMRC to take enforcement action against him which can get you the owed money. You can report him anonymously (although it helps hmrc to have your details) and you don't need to have spoken to your employer first. If you ring acas and ask about hmrc enforcement they can put you in touch with them as well as talking through the other options available to you. Or you can use the form on this page:

www.gov.uk/pay-and-work-rights

It's not always a quick process though.

Original poster
Lushlolly91 · 02/09/2016 14:07

once I stop spinning later, when I am finished for today, I will read through all of these replies, sift through ones that I can sort out immediately.

the job I have been offered can't begin until the checks are complete, so I have to decide, do I stay in this job, and hope I may get paid.
or,
leave, and wait to begin my new job?

which will begin with me in debt, through no fault of my own.
All I want is a job, to pay my bills, and to live a decent life, is that too much to ask?

OP posts:
randomer · 02/09/2016 14:14

thats another massive rip off, the way checks can't be carried over from one company to the next

HeCantBeSerious · 02/09/2016 14:28

You don't actually need to leave if you're on a zero hours contract - just be unavailable for work

randomer · 02/09/2016 14:30

ah clever advice there

UsedToBeAPaxmanFan · 02/09/2016 14:37

Do you have a portable DBS? In which case you should be able to move companies very quickly as long as references come through.

It sounds as though your employer is struggling with cashflow. I wouldn't bank on you getting your money. But you definitely need to write to say you haven't been paid and what you are owed.

You sound like a very good care worker. I hope that your situation improvest.

SukeyTakeItOffAgain · 02/09/2016 14:49

I'm afraid you need to think about you rather than clients. Shitty employers depend on employees feeling guilt and responsibility. You are NOT responsible for them.

Original poster
Lushlolly91 · 03/09/2016 17:39

just received it in writing.
the employer has cash flow problems, but says it should be sorted in a few months.
this is a big company with council contracts .
they say they hope we will be understanding, and thank us for our hard work?
Also we should get some payment next week.
I will take the bull by the horns now, and accept any work I can to avoid massive debts.
I can't believe it, just as I was becoming solvent.

OP posts:
TheInimitableMrsFanshawe · 03/09/2016 17:42

If the local authority gets a whiff of this, they will rely on the insolvency clauses in their contracts to pull the work away from your employer like a shot.

Please find other work as soon as you possibly can. And don't be any more "understanding" with your employer than you need to be - chase hard to be paid. You are not doing them a favour, they owe you money. They are trying to rely on you not asking to be paid. Bloody cheek of them!

randomer · 04/09/2016 10:27

ok unbelievable that they should put it in writing and a massive mistake on their part.

Just calmly reply....thank you for your email/letter of.......I find this situation totally unacceptable. I would like my bank account to be credited by the outstanding amount today. I will send copies of this to .....

randomer · 04/09/2016 10:29

btw when I had some problems with a company I contacted a solicitor ( by phone) They are the sort of company who deal with massive cases, and they couldn't have been more helpful

Branleuse · 04/09/2016 10:30

I know two other people who do care work that have had the same issues. They just wait till you leave, dont pay, and then take another young person in with no money and do the same thing