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Company not paying staff, but not going into liquidation

4 replies

Nooster · 21/02/2011 15:15

Hi,

Can anyone help? I work for a company that didn't pay half the staff until last week for January when wages always go in on the last Friday of the month.

Rumour is we will not get paid at the end of this month but I am a single mother with two children in childcare, one 3 at nursery, and one 7 at childminders after school/holidays.

I only have enough savings to pay my rent for next month, not the nursery fees which go out on the 1st. I realise not coming into work on the 1st if I've not got paid will be breach of contract but if i write a letter explaining why I can't come in, as I cant exist with 2 children in daycare and no wage, will this cover me? And will I be able to claim benefits as I'm sort of resigning by doing this?

What can I do? I can't drag both boys into work with me?

Aren't they in breach of contract by not paying me too?

I am off to an appointment at citizens advice tomorrow but wondered if anyone on here knew anything.

It seems to be a grey area, the company is not going insolvent or bust although it should as there is no cashflow, so I am aware it may be a tribunal or small claims court to claim back my wages possibly. I have been made redundant 3 times before and it was all so much easier with an RP1 form, than this limbo.

Can someone help?

Thanks!

OP posts:
Jareth · 21/02/2011 15:32

No knowledge on employment law, but do you have any leave that you could take at the beginning of next month until your employer tells you what the hell is going on?

Sympathies - I had something similar with my last job - they didn't pay wages for 6 weeks and ended up going into administration, thankfully they were bought out.

Nooster · 21/02/2011 15:55

I'm taking my two days so far owed on this wednesday and friday (I work monday, weds and friday) as it's half term. Only get 12 days and need to save the other ten in case it does pull through!!

It's so stupid, there is no petty cash, no stationery, we cant even send parcels....why it is still here i don't know..

OP posts:
squeakytoy · 22/02/2011 00:41

If you dont get paid on the day you should, your employer is the one in breach of contract.

bumperella · 22/02/2011 13:18

Directors are personally liable - to a prison term - if they continue trading when they know the company cannot carry on. Look up "trading whilst insolvent".
They are hugely in breach of contract. I'm sure the CAB will be able to help you with some sound advice.

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