Late payment of wages - again!

fattybumble85

Hi all! Newbie here!

I'm asking for a bit of advice on behalf of my OH really. The company he works for has had major money problems for quite some time, went into administration earlier in the year but it has now come out of it.
Wages were paid to staff (by cheque) about 3 weeks ago. Most peoples cheques were stopped by the boss, some have received half their wages, others - like my OH are still waiting. I am FURIOUS about this as the sales team have not only received their wages but their performance related bonuses on top of this whereas others, mostly in the production and editorial departments are still waiting to receive anything.
My OH has asked his boss what is going and when he will be getting his wages and apparently his boss got quite arsey with him, bemoaning cash flow problems and promised him at least half by the end of this week. Today is Thursday and we're not holding our breath quite frankly. Considering that his next months wages will be due at the end of next week and he is still awaiting his last payment we're getting quite annoyed, anxious and worried about it all.
This isn't the first time this has happened. Last year OH was late in receiving his wages for the whole last 5 months. Sometimes by a week, other times by nearly 3 weeks.

I wanted to know if there is anything we can do about this? An advisory group perhaps, the CAB?

Thanks in advance!

threemuttleys

CAB would be my port of call, or maybe a chat with a union?

Jarndyce

fattybumble85 wrote: »

Hi all! Newbie here!

I'm asking for a bit of advice on behalf of my OH really. The company he works for has had major money problems for quite some time, went into administration earlier in the year but it has now come out of it.
Wages were paid to staff (by cheque) about 3 weeks ago. Most peoples cheques were stopped by the boss, some have received half their wages, others - like my OH are still waiting. I am FURIOUS about this as the sales team have not only received their wages but their performance related bonuses on top of this whereas others, mostly in the production and editorial departments are still waiting to receive anything.
My OH has asked his boss what is going and when he will be getting his wages and apparently his boss got quite arsey with him, bemoaning cash flow problems and promised him at least half by the end of this week. Today is Thursday and we're not holding our breath quite frankly. Considering that his next months wages will be due at the end of next week and he is still awaiting his last payment we're getting quite annoyed, anxious and worried about it all.
This isn't the first time this has happened. Last year OH was late in receiving his wages for the whole last 5 months. Sometimes by a week, other times by nearly 3 weeks.

I wanted to know if there is anything we can do about this? An advisory group perhaps, the CAB?

Thanks in advance!

This employer is clearly on its last legs and your OH needs to be looking to find another job asap.

Consistently late payment of wages, and cashflow problems are a sure sign that the end is nigh. It is also, technically, a breach of contract, the trouble is by the time you have pursued any of the remedies available to you it has usually been rectified. It could, in theory, also be cause for resigning and claiming constructive dismissal, but I would rarely advise anyone to do this.

threemuttleys wrote: »

CAB would be my port of call, or maybe a chat with a union?

Sorry but the CAB is not going to be able to tell you anything different, and a union is not going to be able to do anything about it either. This employer is dying on its a r s e and unless you know someting like a big new order coming in shortly that will save it, you need to get out now.

fattybumble85

Jarndyce wrote: »

This employer is clearly on its last legs and your OH needs to be looking to find another job asap.

Consistently late payment of wages, and cashflow problems are a sure sign that the end is nigh. It is also, technically, a breach of contract, the trouble is by the time you have pursued any of the remedies available to you it has usually been rectified. It could, in theory, also be cause for resigning and claiming constructive dismissal, but I would rarely advise anyone to do this.


Sorry but the CAB is not going to be able to tell you anything different, and a union is not going to be able to do anything about it either. This employer is dying on its a r s e and unless you know someting like a big new order coming in shortly that will save it, you need to get out now.

Thanks for your replies...

OH has mentioned constructive dismissal but I think it could be a whole load of stress and aggro we can well do without. He is one of the higher earners in the company (although it hasn't always been that way, he started on something like £7k!) and he's wondering if he's being targeted in this way so he will just leave and save the boss a considerable chunk every month.
I wouldn't mind as much if his boss was even slightly apologetic about the whole sorry business but he acts as if my OH asking for his wages is a major inconvenience for him and speaks to him like crap. He isn't a member of a Union, I doubt the boss would even recognise one if there was!

Jarndyce

I would submit a formal grievance, in writing, and keep a copy.

That keeps his options open but also means he is able to resign and better his chances of claiming CD if things don't improve.

SarEl

Just to add - do not even consdier resigning and making any sort of claim without detailed legal advice. At the best of times such cases win less than 3% of the time, and the chances are that the employer will go belly up long before such a case ever gets to tribunal. If that happens the case will fall (no respondant) and you will be left with nothing at all - not even the small amount that the government scheme pays employees for unpaid wages and redundancy pay. Because you will have already resigned and be due nothing. You could, quite easily loose even the small amount of protection that your wages have.