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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to refuse to come to work?!

46 replies

ign0re · 24/10/2019 14:07

I work in a small office. I am the admin staff for very hnwi.
So essentially, I am the only person in the office waiting for payday each month, as I get minimum wage.

Our contract says I get paid on last working day of month however my pay always comes through on the 25th. Apart from the two occasions this year when it hasn't, it's come through on the 6th and 8th of the following month, so not on 25th, or last working day of month but much later.

So, being wary of this I check the company accounts to make sure there are enough funds for payday, and for the 3rd time this year, there aren't - I know what that means, I won't get paid tomorrow.

I have £4 to my name.
I have to pay to travel to work and I'm meant to be going on holiday this weekend.

It pisses me off that this contract only works in their favour.
When I approached a boss and said are we expecting funds for the pay day transfer, he said we should be, I have questioned this but I won't push the boss for the funds as we don't technically need to pay you until the 31st.

That's fine, but the last two times this happened, they didn't end up paying me until after the last day of the month.
Financially I was ok then as I had been saving for a holiday, but this time I was counting on my pay coming through.

I just don't know how to hammer home to them how unacceptable this is, I'm not a miillion/billionaire like everyone else in this office. I need to get paid.

OP posts:
TheCanterburyWhales · 24/10/2019 14:10

Will you have to cancel your holiday?
It sounds shit, easy to say look for another job I know, but that's what you need to do.
Is there a chance your money would be docked if you didn't go in?

heartsonacake · 24/10/2019 14:11

Well if you refuse to come to work you’ll lose that days pay so I’m not sure how you think that’ll help you next month if you’re living pay check to pay check 🤷‍♀️

Sounds like you need to look for a more secure job.

Cornettoninja · 24/10/2019 14:11

Ime you can’t and personally I would be looking for another job.

They could be a really successful busy company but if they can’t manage their cash flow for the wage bill they are far more vulnerable than most companies to ‘the straw that breaks the camels back’.

Original poster
ign0re · 24/10/2019 14:18

Yeah, it's true I get that not coming into work isn't the best solution I just don't know what to do and don't really want to spend the last of my money on travel.

Holiday will be fine as it's with my partner who will cover me but I really hate that, I work to have my own income, I hate relying on anyone else. I want to be able to spend MY money on holiday not my partners.

OP posts:
Original poster
ign0re · 24/10/2019 14:18

I am interviewing at other places at the moment, so fingers crossed something else comes up.

OP posts:
BarbaraofSeville · 24/10/2019 14:18

If you're contracted to be paid on the last working day of the month YABU to expect/rely on the money coming before that. Paying you late is unacceptable though - have they sorted it so this doesn't happen again?

Could you buy a monthly travel pass when you get paid, so that you know you can get to work each day? It could work out cheaper too. Or can you walk/cycle or get a lift, to reduce the cost?

But NMW for an admin job is terrible, especially if your role is more of a PA one - PAs often earn far more than NMW. Unless there are other significant advantages to the job, I'd be looking elsewhere. It might also be worth asking for a pay rise especially if your job is more than very basic admin.

NormaBean · 24/10/2019 14:22

What is hnwi?

Go in. You’re not due to be paid until another couple of weeks, there may well be enough in the account by then or they may pay you from another account.

Being paid late isn’t acceptable though so jump ship as soon as you have a new job.

Original poster
ign0re · 24/10/2019 14:25

The contract thing is frustrating because they ALWAYS pay on the 25th have never paid any other time apart from on the two occasions when they've paid on the 6th and 8th. In both of those cases, what could I even do ?! And so from previous experience, chances are I won't be paid by end of month.

The job is very low in terms of responsibilities etc so I'd say the pay more than matches how much I have to do, but I was aggrieved to learn the previous person in my job was paid 8k more.
Fingers crossed one of my interviews pays off as it doesn't seem there's a simple solution to this other than to manage my money better.

OP posts:
Original poster
ign0re · 24/10/2019 14:26

@NormaBean
high networth individual

i guess via contract i'd be due to be paid next friday but i'm quite sure that won't happen

OP posts:
AryaStarkWolf · 24/10/2019 14:27

very frustrating, only solution is to keep looking for another job, not a great answer though for right now

theginge · 24/10/2019 14:34

I was in a similar position last year. I was in a senior management role but contracted and salaried as an admin assistant. I was in charge on running the payroll but it became more and more frequent that there were not funds to cover wages. I was expected to draw my salary after I'd paid everybody else (purely because I was in charge of payroll and for no other reason).

It got to the point where I was 11 weeks behind in pay (weekly pay) and most other employees 2-3 weeks behind.

You may want to clarify with ACAS or citizens advice but I am under the impression that you can refuse to go to work and still receive pay if you are not paid by the date in your contract. If you choose to do this, you should notify in writing explaining why. You don't have a leg to stand on until the playdate in your contract.

In the end, the company I worked for went into liquidation and I lost a lot of money as the government redundancy fund will only pay 7 weeks of owed wages and it took weeks and weeks to come through. This happened over Christmas as I didn't receive a penny till march!!!

My advice would be to look for another job before it gets worse.

MrKlaw · 24/10/2019 14:44

is there any legal requirements around timing of pay? Eg in all my jobs if the date of payment each month falls on a weekend or bank holiday, they always pay the last working day before the due date. I always assumed this was because there were rules around late payment - if you have direct debits etc setup that could mess you up very easily if you get paid a week late.

BarbaraofSeville · 24/10/2019 14:47

I think you are required to have a contract which states when you will be paid, so the company is in breach of contract if you haven't been paid by the date stated in the contract, eg the last working day of the month, last day of the month, last Friday of the month, whatever.

Original poster
ign0re · 24/10/2019 14:47

@theginge
Oh wow, that's awful I'm so sorry that happened to you.
I'm on holiday all of next week so it would only come into play after that really although I'd heavily considered not coming in tomorrow but I shall look into what you say and if I haven't been paid by contract date, then hopefully I can action this and make them realise there are consequences to their actions.

OP posts:
Jaxhog · 24/10/2019 14:48

It's shit of course, but if you want to get paid next month, you need to go in.

Good luck with finding a better job.

IWorkAtTheCheescakeFactory · 24/10/2019 14:54

You can’t refuse to go in on the basis of not being paid by because they have until the 31st to pay you. I know it’s always been the 25th before but they haven’t done anything wrong yet by not paying you yet so you would be on dodgy ground to refuse to work tomorrow and next week.

IWorkAtTheCheescakeFactory · 24/10/2019 14:55

Oh sorry, I see you’re on AL next week.

Original poster
ign0re · 24/10/2019 14:56

I'm on holiday next week so it's only tomorrow, so I'll suck it up and come in.
I just wondered for after that because the last two occasions this happened, they didn't pay me by the contracted date either, so I was wondering if after that really I could refuse to come in after holiday is still no pay received, which as history here suggests, would be the case.

OP posts:
Brefugee · 24/10/2019 15:00

they ALWAYS pay on the 25th have never paid any other time apart from on the two occasions when they've paid on the 6th and 8th. In both of those cases, what could I even do ?! And so from previous experience, chances are I won't be paid by end of month.

not sure in the UK because your employment laws are apparently different to everywhere else, so you'd have to check. In Germany I would present them with an invoice for all costs that arose from my money not being credited to my account on the last working day of the month.

Original poster
ign0re · 24/10/2019 15:00

Sorry I'm probably extra grumpy because I haven't eaten since breakfast, I had nothing suitable to take in for my lunch and can't really afford to pick anything up, envisioning the same for tomorrow ... hangry i think they call it. I could ask to borrow money from my partner but that really goes against everything I stand for. SIlly possibly, Rod for my own back or something...
Thanks for all your advice!

OP posts:
Original poster
ign0re · 24/10/2019 15:01

@brefugee
good idea. shame you can't ask them to fix your credit score too haha!

OP posts:
antisupermum · 24/10/2019 15:01

They have an obligation to pay any charges you may accrue from late payments i.e. if your direct debits bounce and your bank charges you, your employer is liable to pay those costs if their error prevented you being paid by the contracted date.

Brefugee · 24/10/2019 15:01

also forgot my usual comment on this type of thread: Are you in a union? join one.

Supersimkin2 · 24/10/2019 15:11

That's illegal. Call acas and they'll tell you how to manage it.

IWorkAtTheCheescakeFactory · 24/10/2019 15:20

Any chance of asking head honcho to advance you some of your wage? I know this will have to come from their own finances but if you’re a decent employee they might be willing to keep you happy?

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