Help / advice please- not been paid in 2 months

lucylockettx

I was wondering if anybody would be able to help by giving me some advice?

I am supposed to be paid on the 25th of each month, but this hasn't happened for the last two months. The company have no money in the bank, we are listed on the TSX and waiting for an investor to put his money in- we've been waiting since April 2009.

I really don't know what to do and where I stand legally?

I have no money and after my bills come out I have £20 left to live.

I've tried CAB, no number to call, you have to go in and I'm still going to work at the moment. So an appointment during the day is no good.

Any advice would be great.

Many thanks in advance.

Mrs_Money

This is terrible! I've looked everywhere and found only this on the Labour Relations Agency website:Q

I have not been paid any wages for the last 4 weeks and my employer keeps promising he will pay me, but I can’t wait any longer, is there anything I can do about this?

A

Failure to pay outstanding wages is potentially viewed as an unlawful deduction from wages. If you have been unsuccessful in dealing with this matter informally with your employer than you may wish to raise a complaint in writing using the Statutory Grievance Procedure (link), the first step of which is to put your complaint in writing to your employer. If, following the completion of the grievance procedure you have still not received the outstanding wages you may wish to lodge a claim with the Industrial Tribunal (link). Further information on deductions from wages is available in the Labour Relations Agency Information Note 7 - Protection of Workers in relation to Wage Deductions by and Payments to Employers using the following link

Information Note -Deductions from wages by employers
If our answer or publications do not provide you with enough information please contact the Agency's Head Office: 028 9032 1442 - or our Regional Office: 028 7126 9639.

None of the links in the answer are live unfortunately - but the contact details may help.
Good Luck with it all.

fengirl_2

There is no longer a statutory grievance procedure which is why the link is probably dead.
I think you need to ask formally for the money owed, give them 7 days and if no response, put in an ET claim. Here is the link for the forms:
http://www.employmenttribunals.gov.uk/FormsGuidance/makingAClaim.htm
I think yu are entitled to withdraw your labour, but am not sure. The ACAS helpline is always really helpful.

lucylockettx

Thanks for your help, I will try ACAS- fingers crossed I'll get my wages sometime soon.

lucylockettx

Well I handed in my notice and gave them 14 days to pay me. These 14 days have gone and I haven't got a penny.

Small claims court, do you think that is the quickest and cheapest option?

I've also got some of their parts, that they hid from the baylifts, what to do with this???

RobertoMoir

lucylockettx wrote: »

Well I handed in my notice and gave them 14 days to pay me. These 14 days have gone and I haven't got a penny.

Small claims court, do you think that is the quickest and cheapest option?

I've also got some of their parts, that they hid from the baylifts, what to do with this???

Employment Tribunal, I would say on the first part.

On the second, the correct thing to do would be to return the goods and get a receipt for them / go with a witness, they're not your property after all. A claim on their part that you stole those items (whether "fair" and "accurate" or not) is hardly likely to help matters, after all.