not been paid for 5weeks - advice needed

thedeans

not sure if this is in right place - but it seems the most suitable - if not mods please feel free to move it

Ok I'll start
OH was last paid on 23rd Dec - boss informed him at that point that they were going onto monthly pay from then on (was weekly before) and would be paid last working day of January - this friday(yesterday) 28th Jan.

However he hasn't been paid:(
Boss says can't pay till next friday at the earliest - but quote don't hold your breath - we've also been made aware that the company is seriously struggling
We have now gone 5weeks and 3days with NO money
We have no savings,our home was repoed 18mths ago and we are or were in process of filing for bankruptcy in the hope of ending a 2yr nightmare ( now can't afford)
Have spoken to DSS who say as OH is working they can't help us
He can't walk away from job as we still wouldn't be able to claim anything
We have No money, no food and no where to turn
OH actually can't get to work on Monday as car has no tax or fuel - however boss says if he doesn't he will sack him!!! so still can't claim
We thought losing our home was as low as things could get but actually working for nothing is much worse (we are a family of 4 by the way )

Frenchgirl

I am so sorry to hear your story. I am afraid I cant give you any advice on employment but I am sure youwill get some, people are very helpful on this site. Have you tried the CAB?

The food issue may be easier to solve. If you go to your local church someone there may be able to help or you may prefer to ring them. I dont know where you live but a lot of churches run schemes to help local people.

Good luck.Letus know how get on.

Roobarb73

Oh that is awful

In employment law terms, you certainly would have a case to claim breach of contract and/or constructive dismissal (he would obv have to leave to do that, and I'm not sure how it would be viewed by benefits people - but it isn't the same as resigning IMO, you're doing so because the employer has fundamentally breached your contract) - may be worth asking them again how he would stand if he was to argue that?

DVardysShadow

Roobarb73 wrote: »

Oh that is awful

In employment law terms, you certainly would have a case to claim breach of contract and/or constructive dismissal (he would obv have to leave to do that, and I'm not sure how it would be viewed by benefits people - but it isn't the same as resigning IMO, you're doing so because the employer has fundamentally breached your contract) - may be worth asking them again how he would stand if he was to argue that?

It's a fair point, I think, but it may be a little soon to do that, although on a transition from weekly wages, it could be argued that they are infact 4 weeks behind.

Wol2

Sorry to hear of your current circumstances -

You might like to consider applying for a Crisis loan - you do not have to be on beenfits to apply

http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/Dev_013949.xml.html

Hope things work out for you

xxx

lfc4eva

Sorry to hear your news. Check out the Acas site, you will find a lot of info there as far as the job is concerned

http://www.acas.org.uk/index.aspx?articleid=1461

Hope things get better.

K

freefalling02

I am really sorry to hear your news, I am in a similar situation but am fortunate I have friends and a brother that can help me a little with things like food and petrol.

I am by no means an expert or in a position to give you advise but I would certainly recommend that your OH goes to the CAB and benefits people tomorrow to explain in full how things are. Also make sure he gets in writing, even if through email, that his boss cant/wont pay and is firing him because he cant get to work.

I am fully aware how easy this is to say but please try not to worry about it too much, there is help out there, you just have to know the system, which I am sorry I dont, but I am sure someone here will help you. Maybe start a new post asking about benefits or charity help but the one thing you must not do is try to borrow money from anyone that you may not be able to pay back.

I really hope it all works out for you and please keep us updated.

thedeans

have taken some advice from cab and it is as follows - for all those who end up in a situation like mine

Cannot leave job as it would be looked upon as making oneself unemployed
Can't get sacked (Oh would love to speak mind) as would have to wait 26weeks to claim
Have to continue to work for nothing but advised by ACAS to write a letter asking boss to explain why not been paid
Boss has 14days to reply after which time ACAS will step in if not resolved. They will enforce OH contract of employment which states he will be paid on last working day of month - this will take approx 3mths!!!!!!!!
However you look at it we are not in a good situation

We have now been informed that boss has registered a NEW company (can be seen on company house website) this will be 3rd in 12mths - when each one has folded he hasn't paid his debts but kept people employed and started afresh!!!!

ERICS_MUM

Hello, I'm so sorry to hear about your terrible situation. I can't offer any advice on what your OH can do to get it sorted. But, if by any chance you live near Chelmsford in Essex I would be happy to help out, perhaps drive OH to work, help with food etc PM me if this would help in the short term.


Linda

PS I have been so lucky with my employer and it makes me so angry to see company owners treating loyal staff like this.

BitterAndTwisted

Angel, I'm currently unemployed so have hardly any funds but if you pm me your address I'll send you something.

I may be completely cynical, but then I have been in the workplace for (or was) for over 30 years and it sounds to me that moving the employees from weekly to monthly pay looks suspiciously like a device to string them all along and not pay them at all for as long a possible, if ever. Swine like that should be strung up! At least you have access to the internet and have ways of finding out this man's home address for future use.

thedeans

thankyou bitter and twisted and Erics mum for your offers of help - its very kind - I have cancelled all bill payments and am concentrating solely on keeping food in cupboards - mum has stepped in and is doing her best to keep us fed and watered - and thats all that matters at the mo

I have taken further advice today from a great lady at DSS (who was prepared to stick her neck out for us) and all I can say at the mo is it has helped.

This guy really is a weasel - but its not the first time and I'm sure it won't be the last - just a pity he keeps on getting away with it:mad: