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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To expect to be paid my wages?

15 replies

Colliecross · 08/07/2010 00:16

I know the company that I work for is not doing well at the moment, but I have not been paid for 2 months now and am living on my savings, which are fast running out.
If I leave I will not be entitled to JSA as I will have put myself out of work.
I have asked to be made redundant but this was ignored.
Whenever I ask for my pay, or even part of it, my employer replies describing her (genuine) illness, which makes it very hard to put pressure on her.
There are so few jobs in the area to even apply for although of course I am applying for anything.
My 3 colleagues are all in the same position.

OP posts:
Vallhala · 08/07/2010 00:25

Totally unreasonable.

Does your profession have a union (even if you're not a member, in the experience of a family member they should be willing and able to help)? Perhaps contact CAB or obtain a free half hour's solicitor's advice?

I hope that you get it all sorted soon.

Dinkytinky · 08/07/2010 00:36

I agree with Valhalla -citizens advice will help you. I'm sure there is a law of forced dismissal that means that you could not carry on working under such conditions, I would pull your colleagues together and organise a meeting for all of you to talk to your boss. And donot let her use her disability/illness as an excuse.

Colliecross · 08/07/2010 00:42

I work in advertising but I am not a union member. I don't even have a contract, neither do any of my colleagues, though some have worked there 4 years. I have worked there for 2 years.
I don't want to make things worse than they are by threatening legal action, which anyway they know I can't afford to do.

OP posts:
Colliecross · 08/07/2010 00:49

Thanks Valhalla and Dinkytinky.
We did have a meeting last week, not by agreement, but spontaneously as she was in the office with all of us. Her suggestion to me was that I find a part-time job to do as well.
When I (and others) said I was looking for other work, but still needed my pay, she said she felt ill and went home.
I will try CAB, I didn't know about 'forced dismissal.'

OP posts:
littleducks · 08/07/2010 00:52

I wonder if you could get a crisis loan if its your only income? I would go to the jobcentre and talk through all options

Vallhala · 08/07/2010 00:57

"Her suggestion to me was that I find a part-time job to do as well."

Cheeky bitch! That is NOT the sign of a concerned boss, that's a sign of a self-centred, inconsiderate, unfeeling cow who deserves no sympathy.

She may well be in financial trouble but it sounds to me like she is taking the piss and shirking her responsibilities, legal and moral.

I don't think you have anything to lose in view of this, by taking legal advice and asserting your right to be paid.

Colliecross · 08/07/2010 01:00

We all feel terrible though as she does have cancer....

OP posts:
booyhoo · 08/07/2010 01:01

it sounds as though she has no intention of paying you. i would seek legal advice asap. imagine if you didn't have any savings?? you could be homeless.

Vallhala · 08/07/2010 01:02

According to THIS Government website you do not have to have a written contract, although you have a right to one after 6 months, but a verbal one is enforcable nonetheless.

The website suggests that you contact ACAS if you have a problem regarding a breach of contract.

Vallhala · 08/07/2010 01:04

And sorry, but from one who has had cancer herself, I can tell you here and now that it does NOT give you the right to treat people like shit or leave them without the means to feed, clothe and house their children.

God am I furious for you!

Vallhala · 08/07/2010 01:06

And sorry again, that should have read that you are entitled to a written contract after two months.

Am losing the plot in my anger!

Colliecross · 08/07/2010 01:09

Thanks Valhalla

OP posts:
cjlb · 08/07/2010 02:42

CC, the correct term for the 'forced dismissal' mentioned above is 'Constructive Dismissal'.

You could leave and sue your employer for Constructive Dismissal. I am fairly certain you could also register for JSA straightaway as well.

Alternatively or indeed as well as, you could go to the small claims court and try to have your back wages paid that way. However, with the latter option, it could force the business in to administration.

hairytriangle · 08/07/2010 07:33

Totally unacceptable! She's not paying you and emotionally blackmailing you!

OTTMummA · 08/07/2010 07:59

Its unfortunate she has cancer, but that shouldn't be playing a part in how and when you get paid.
I wouldn't even take into consideration her condition, cancer doesn't make people turn into dicks, and this is exactly what she is.

tell her your leaving, and will be taking legal action to get what your owed.
You worked, she should pay, thats the way it works.
I am very for you.

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