Haven't been paid

[newhousenewjob]

Where do I stand ?

Started a job last May, company I started working for have never ever paid me on time which was fine at the start but this year, I haven't once been paid on time and the last few months it's gone from bad to worse

The last few months I get bits and pieces here and there but I haven't received ANY of my August pay

I've buried my head in the sand, maxed out credit cards to live but I can't do this anymore

Where do I stand ?

I went to citizen advice, they printed me off what I already found on the net, talk to them first,
Make a grievance, take them to small claims, but they are a small company and rather than doing all the above which costs time and money
Money which I don't have !
I just want to be paid !!

There are 7 of us, all management and all in same boat
We just get told hang on in there, investment money is coming

But I can't hang on as I can't pay my bills

So my question is
What next?

I've taken annual leave this week and tempted so I can get some money ( they know this ) but I'm due back Monday but the temp company I work for has said there's plenty of work but I don't want to do anything wrong and am I in breach of my contract for saying I won't be in Monday and I will return when they can settle up? Coz pay day September is approaching and I know I won't get it?!

They owe me £7k in total
Which is a little bit of basic but mostly my expenses ( train fare, costs paid to external contractors ) all from my own credit cards 😦

I've had nothing for August pay

Please help x

So you haven't yet raised a grievance or taken any formal action?

It's like anyone who owes you money, without marching them to the bank with a gun to their head, you can't physically force them to pay you. Threat of impending legal action might hurry them up somewhat but it sounds like you haven't taken any steps down that route yet?

You could (after having raised a grievance) bring a tribunal claim for non-payment of wages, or you could bring a claim in the small claims court. Both of them are likely to result in an order to pay you monies owed, but the quicker you start the process the quicker you'll get that order and the quicker you are likely to be paid. Ideally you would have started that weeks ago, but better late than never. If there are lots of you in the same boat I suggest you bring a joint grievance. You'll need evidence that the monies are owed to you, so if it's expenses, evidence that these were incurred on an authorised basis.

In terms of whether you would be breaching your contract to not turn up to work, well yes you would be. You could argue that they have already breached it by not paying you, absolutely, although it doesn't help that you haven't raised this formally previously. It sounds like the chances of them taking you to court for breach of contract in not giving them sufficient notice are unlikely so you could certainly risk it.

You wouldn't be able to then walk back into your job though. if you're claiming that your contract is already null and void due to them breaching it by not paying you, they don't need to let you come back if they don't want to.

It doesn't sound like this company is remotely financially viable, so I suggest you look for another job if you are not already. Non-payment of wages on this level is usually due to financial problems rather than administrative incompetence or similar, therefore your best bet is to get another job to ensure you remain solvent, then pursue them for non-payment while working elsewhere.

otherwise it will keep happening.

I've not done anything formally no

But I'm speaking to my manager today although I have time and time before to be told the money is coming, and after speaking to acas I will email him to make sure it's documented saying I need to be paid and that Monday I will work from home, answer emails and phone calls etc. Acas said the same about me being in breach of contract but said it's my decision and the reason I'm not going in is justifiable so I'm going with that. If they wanna take it further for me not coming in Monday, I'm past caring.

Yes I should have raised a grievance sooner but as I say I've buried my head, believed the money is coming Etc but enough is enough now

They said I have that option of an email to document our chat rather than anything formal so will do that

How did your conversation go? Hope it's all be sorted for you

Hi

Well, I didn't go in yesterday. Told them I can work with no pay. They said it won't be much longer now and they have said should be the end of this week so I've gone in today to collect train fare for Wednesday as have a big meeting in London and have left at 2 to work from home.
I'm literally giving it til the end of the month as that's when my next pay is due so if it's not in my account, I shall leave

That's shocking!

Meant to say I can't work for no pay

The md said well I'm not working for no pay, I am still getting paid which her point is when I do get paid, I would have earnt from my consultant andy role which im doing on the side ( this is the temp role basically) so IF the money isn't in my account by next pay day then I shall carry on with the consultancy as I am actually earning ( I gave this up to work for them )
So by the end of the month they will owe me £10k so won't let it go past that

The investment money is waiting to clear so let's watch this space

We are in the process of looking at buying a house hence why it would be detrimental to leave this job and get another or carry on with the consultancy as I've been here 16months now and the mortgage advisor said it would be very bad to leave a job and get another one so it's just trying to weigh it up

It's family run, uncles husbands and wife's so they are sticking