Company 'waiting' for me to go?

reech

Company my partner works for is a month (just about to be two!) behind with paying him. He enjoys his work, colleagues, etc. but we're just reaching the tolerance of our savings, and the rent will be due in another couple of weeks.

What's his legal position here? He's considering waiting another week (until it's past the next payday) then withholding labour, citing 'breach of contract by the employer'. (Contract states that he's paid 'a month in arrears' - the company is over one month past that now.) He'll not resign, but just not go in until his contract is fulfilled (i.e. outstanding payments made.) Is there any legal concern that they would sack him for this?

I'm also curious; where would we look for proper legal advice; he's obviously going to look for something else, but he wants the money he is owed for the damn good work he's done Could he speak to a solicitor and cite constructive dismissal? After all, if they're in financial trouble, not paying him, surely it could be to 'try and make it unreasonable for him to work?'

reheat

I don't know the legalities, but I strongly suggest your partner does not withdraw his labour until you've taken informed advice! The law can be very fickle and illogical, and his company may just be hoping to provoke him into doing something they could cite as breach of contract.

The Citizens Advice Bureau is always a good starting point. Best of luck.

ceridwen

It could well be the case the company is trying to "set him up" - so he needs to be careful about that.

What is happening to the pay of other employers the company has? What state are their finances in generally as far as he can tell?

I am remembering here that I gather an employee can resign after a certain number of weeks (think its 8??) and claim for redundancy if they are laid-off. Dont know what the position would be for someone who is actually still going into work - it may be that they could claim the same thing??

You need to check whether he also has this right - though he is still going into work. Certainly in that position - I would also be checking the position re constructive dismissal.

On a different tack - perhaps he could send them a Recorded Delivery letter stating the facts about what pay is due and when and requesting to have it by such and such a date (say 2 weeks time) and that "I regret if this is not forthcoming by that date then I will have no option but to proceed with issuing a claim against (x firm) in the Small Claims Court". I think that is probably what I would do myself in the circumstances.

You could start by looking up the "Workers rights" section on the T.U.C. website and see if any light is shed on this.