Full time employed but unpaid for 2 months

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I need some advice.
I'm in full time employment but due to terrrible financial management by my employers, I haven't been paid since the end of May.
My employers are hardly forthcoming with reasons, excuses or for that matter, a resolution.
It has now got to the stage where we haven't paid any utilities, rent, insurance etc for 2 months. I've kept all our creditors informed but they are all beginning to lose patience.
A few of my colleagues have began the grievance procedure, but have had little in the way of a response.
Is there anything I can do, personally, to get what is owed to me? And fast?
Things are getting desperate now. My wife is 8 months pregnant, works part-time and is the only bread-winner at the moment. Thats obviously going to be reduced in a few weeks when she has the baby!!
Help? Please!

Comments

  • Horace
    Horace Posts: 14,426 Forumite
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    Speak to acas https://www.acas.org.uk

    I do wonder why you are still at work - I would have left after the employer failed to pay me after a month.

    How long have you been employed by them? If it is longer than 12 months take them to an employment tribunal.
  • teabelly
    teabelly Posts: 1,229 Forumite
    First Anniversary
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    They're going under. Find another job. See if you can go through the small claims court to claim for lack of wages etc. Alternatively see if you can levy distress ie organise baliffs to take company property to be sold to the value of what you are owed. Having them turn up to make notes of company assets will put the wind up them good and proper but it is a one way venture. They won't want to employ you but if they haven't paid people for 2 months then it is unlikely they'll be able to sort things out anyway. A joint action with other employees will be easier. I'd talk to the CAB or your home insurance provider's legal helpline (if they have one). Don't stand any nonsense from your employer. If they are too useless to pay you then they'll be too useless to do a grievance properly. It just wastes time. You are owed money. They have to pay it!

    An employment tribunal will take ages. You just need to get your wages owed out of them before you are made homeless. It is the proper route to go down but it is slow. You need your money now not in several months time when they will have probably gone bankrupt and other creditors will be higher up the queue.

    If they have an accounts dept you need to talk to them to find out how bad the situation actually is. Whether it is just a small screw up or something more disasterous. The more serious, the faster you have to act to ensure you get any of your wages.
  • schneckster
    schneckster Posts: 176 Forumite
    edited 21 July 2009 at 1:15PM
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    You have contract? If so then, employee or not, they are in breach of that contract. Even if they're going under, they must either pay you or lay you off.

    I agree with another poster. They're going down so you should get in somewhere else at the earliest opportunity.

    But I would also send a letter to HR, payroll, and the MD informing them of your grievance and telling them that they are in breach of your employment contract.

    Given the urgent circumstances, I'd consider doing what a business would do... issue a statement and demand payment, and then go along the lines of debt collection agencies. Watching the bailiffs take your boss's comfy office chair would be funny!! ;) I don't know how this approach fits with employment law, but at the end of the day, they have a contract to pay you if you fulfill your contract of working for them. A contract is a contract, and they've breached this one.

    Good luck,

    Schneckster
  • Mudd14
    Mudd14 Posts: 856 Forumite
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    Schneckster is sort of on the right lines. Submit an official grievance which they must meet with you within 28 days to discuss your grievance. I would demand a meeting within 7 days as it is creating financial hardship.

    Schneckster you weould need to go down the debt collection route. failure to pay wages falls under an unlawful deduction of wages under the employment rights act. So just submit a claim to the employment tribunal for unlawful deduction of wages/failure to pay wages.
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