First job - Some advice needed regarding wages.

Tom_D_3

Hello guys.

I recently started working for a company in my local area. They are only a small company and they employ about 5 people.

I first built the company a website and the manager was quite impressed and offered me a job in their I.T deperatment, I accepeted the job offer as I was having a total nightmare being 19 years old and never employed before.

To cut a long story short, I started working for this company, I loved the people that worked their and I had a great boss.

I have been their for 4 weeks now, and the day I was due to get payed, I didn't get payed, neither did any of the work place. This was apparently because the accountant was off sick so he couldn't process the payments.

We were told we would then get a payment on the following Wednesday.

I was talking to one of my collegues though who had been at the company for 7 years and he said it never changes, from the month he started working for this company his pay day has been all over the place, and sometimes he has to go 2 months without pay because the accountant seems to be useless.

I am having second thoughts about this job now, I haven't even signed a contract yet, the Managing Director keeps saying he's getting one written up for me but I am now beggining to think this is a lie as I have been waiting to sign something the first week I started the job.

My question is, is it against the law for me not to sign some sort of employee contract, or is it totally up to the employer if he issues me one or not?

I don't want to go shouting to the boss moaning about not getting payed as I fear he might tell me to get stuffed, and I don't want this to happen as it is near enough impossible to get a job in this current climate.

Please can anyone suggest what I do? As you can tell I am very inexperienced in the job world and I don't want to feel like I'm being taken advantage of.

Any advice would be greatly appreciated,

Many thanks.

jdturk

At the start of your work you should have a letter of the main things such as pay and holiday. The boss has 2 months from hiring you to get the contract sorted but as you have started working for him you already have a contract (just unwritten).

If you never get a contract you have to follow statutory conditions in terms of holiday (28 days pro rata), stat sick pay etc etc

concerned43

You entered into a verbal contract when you accepted the job, your employer has two months from start date to issue you with a written contract. With regards to the wages, I would wait until Wednesday and see if your wages are paid. I wouldn't just take the word of an employee that this happens frequently as you don't know if he is telling the truth or not - if its that bad then why is he still working for them.
Payroll should not be complicated for a business with only 5 employees.
Like you say there are not many jobs out there at the moment ...so I would wait and see, give it another couple of months - surely a late wage is better than no wage.

jdturk

Also be aware of your colleagues talking bollox, really you need to give it a few months IMO

Tom_D_3

Thanks for all of your replys. It is greatly appreciated.

I will wait it out and see how it goes, I do love the job and the people that work their, I just fear that I wont recieve any wage at the moment. A few rumours have been going around that they aren't making much cash and are struggling to stay open etc, but as you said these people could be talking a load of balls so I'm best just seeing for my self I guess.

jdturk

You built them a website, how easy was it to get the money from them for that? Use that for a rough idea on how their cash flow is

Tom_D_3

Hi again guys. It has now been 5 weeks without payment. I was told I'd get payed Wednesday, another excuse arose and I was told Friday (today) but yet another excuse arose.

All of the other workers got payed except me.

I bought this up with my boss and just asked him when I can expect some wages, and he went crazy - He started shouting that if I didn't like it I should **** off.

So that's what I did, I really don't think I will be going back in to work Monday now, I will have to do job searching again.

The thing is, I wasn't even rude to him in any way shape or form and I have never been rude to him, all's I did was ask him when I could expect to get wages as I am really struggling ATM.

Could I take this through the legal system in some way, just to get when I'm owed?

Thanks guys.

glider3560

Tom_D wrote: »

Could I take this through the legal system in some way, just to get when I'm owed?

Yes, you can take him to the county court.

However, you will need to try and resolve this first yourself (otherwise the court might throw the case out).

Write your employer a letter (send it by recorded delivery). State the hours you worked, the amount per hour and the amount you are expecting (plus holiday pay). Note down that the payment you should have received on x date is also overdue. Also ask for your P45. Say that if they fail to make payment within 14 days, you will have no option but to seek legal redress through the courts (feel free to use this wording). Post the letter here before you send it, just so we can have a quick look over it for you.

The important thing is to send by recorded delivery so they can't say they haven't received it.

Mudd14

It won't be the county courts you need it will be an employment tribunal.

I would write stating you are owed x amount of money for x hours done on x dates. State that his failure to pay is an unlawful deduction of wages and failure to pay within 7 days will result in legal action at an employment tribunal.

Hope you get it sorted soon

FATBALLZ

Wow your boss is a first rate !!!!. Any boss who loses temper at work is probably crap at the job. Since it's your first job I would have been inclined to put up with it long enough to get experience to get a better job (18 months or so), unless I really needed the money.

ghandi

If you do want to take your 'employer' to an Employment Tribunal you will need to get the ball rolling fairly quickly.

Quote:

Time limits

In most cases, you must make an Employment Tribunal application within three months of the date when the matter you are complaining about happened. This time limit can vary depending on what your claim is about.
Employment Tribunals will not usually accept claims received after the relevant time limit. Though in very exceptional circumstances they may agree to extend it. You can check the time limit for your case by calling the Employment Tribunal helpline on 08457 959 775.

Unquote.

Taken from this link, which has other useful info:

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Employmenttribunals/DG_10028122