Worthless contract of employment

Avenger2

Can anyone give some advice with regard to my contract of employment? I have worked for this company since last April, in my contract it stated that I would be paid at the end of each month, company fuel card and also a new car, as to this date I haven't been paid on time when I have it has been in 2 lump sums one at the begining of the month and 1 in the middle, I was given a credit card for fuel but only been able to use for 1 month and I have had 4 differant cars or vans all hired, today they have given me a weeks notice and then I will be made redundant. I could see it coming as they have had cash flow issues for at least 6 months.
I am still outstanding approx £650 from last month, is it worth me pursuing through ACAS etc or should I just walk away as they haven't got the money to pay any suppliers etc? They have extended my probationary peroid twice now so there hasn't been a proper contract.

anniecave

Is it wages you are owed (the £650) or expenses or what?

Take a look at this web page - it may help if you will be owed for wages-

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_178525

Avenger2

Thanks for the reply, they haven't "gone under" yet but I don't think it will be long, but that's the problem how can I get what I'm owed if they haven't got it?
The £650 is split, £400 is the remainder of my salary the rest is expenses.

Avenger2

Just to continue my last post, I have now been told that my role is redundant, my last day was Friday. To date I have not received any money that is outstanding and they have taken my company car. They have have stated that they are unable to pay me until a contractaul issue is resolved with a customer, this is not likley to be resolved in the near future as there are contracharges etc etc, at the moment with the amount outstanding I am unable to buy a car/van which is severly restricting me with what work I am able to do, I am currently at a loss with what my rights are, can anyone please advise what my next cause of action is.

jazzyman01

Was your notice period only 1 week? Was there any consultation at all? Were any other employees involved?

Re money owed to you. Have they confirmed in writing to you that they owe you the money? If so write to them and advise you have bills to pay etc and whilst you understand their situation you would like to have a definite date on which the will pay you ie within the next 30 days, or you will have to take legal action. If it has been outstanding for a while advise that you will also be seeking additional compensation for interest/costs associated with them not paying.

If not confirmed in writing then write to confirm the details of your conversation in which they did agree they owed you the money and then ask for payment.

Avenger2

Thanks for your response jazzyman
I'm not sure what my notice should have been as they extended my probationary period twice, but basically they only gave me 4 days notice. The only consultation was the week before they mentioned that it may happen if they did not got paid.
I'm the only employee, the money owed is the residual from Decembers salary and the 2 weeks in January plus the outstanding expenses. How do I proceed with legal action? Who would I need to contact, I'm concerned that I would not be able to pay for legal costs ethier.

jazzyman01

The notice period should be in your contract. The minimum is one week for each completed week of service to a max of 12 weeks.

Legal action. As it is your salary it would be deemed unlawful deduction of wages (you did not get any!) as well as expenses. I would therefore recommend going through an ET. This will cost you nothing to register your complaint. You just need to fill in the forms. Please read them carefully. You must complete the form within 3 months of the time of the breach of contract.

The company will be sent a copy of your claim form and will be given 30 days to respond. This might well be the time when they pay up rather than go to Tribunal. Alternatively they may drag it out hoping you will give in, but remember you dont have to pay anything to raise an ET claim however long they drag it out.

Avenger2

Thanks
The notice period is a week, I will pursue vigoursly and let you know the outcome,
Regards