Paymennt of salary by cheque

BonandDom

Does anybody have any idea of the legalities of the payment of your salary by cheque?

A bit of background - payday is supposedly the 28th of each month, some employees are paid by BACS, some by cheque (those on permanent v fixed term contract). This was a bit annoying for me (fixed term) due to the chque only being given to me on the 28th and taking five days to clear, so effectively making my 'pay day' 6th of each month.

Handed notice in and worked weeks notice, I am due one weeks pay plus a couple of days holiday. No cheque has been paid in today.


I'll probably wait a couple of days to see if it comes in the post (although knowing the company this is not likely to happen).

But does anyone know what are the legalities?

stephent82

As they are giving you your pay (ie. the cheque) on your payday you are being paid on that day. Most banks will credit the cheque contents to your account on the same day if the cheque is a payroll cheque. You also have the option of fast cheque cashing (for a fee!)

When I was 17 the company I worked for almost wend bust. Due to the cash flow it was a toss-up whether we would be paid by BACS or cheque. It was frustrating, but totally legal.

BonandDom

stephent82 wrote: »

As they are giving you your pay (ie. the cheque) on your payday you are being paid on that day. Most banks will credit the cheque contents to your account on the same day if the cheque is a payroll cheque. You also have the option of fast cheque cashing (for a fee!)

When I was 17 the company I worked for almost wend bust. Due to the cash flow it was a toss-up whether we would be paid by BACS or cheque. It was frustrating, but totally legal.

Thank you for your answer, unfortunately my bank, Halifax, doesn't do fast cheque clearing.

Also as it is the 28th and I have not recieved my last pay cheque, is this legal?

hcb42

my current company paid that way for first few months. It was a major pain, but they gave it to us early - the pain being trying to get to the bank to cash the thing in.!

macalacka

rather than go down the "is it legal" route. Just call them. They may have only got the cheque from payroll yesterday and posted it yesterday!

BonandDom

Sorry to resurrect this old thread but I still have not recieved my P45, paycheque or payslip despite several phone calls (office manager always not available) and an email that was read on the same day sent but not replied to.

Anyone any idea what next?

Uncertain

Write (don't phone or email) by recorded deliver clearly setting out what you are owed and give them a short but reasonable (e.g 10 working days) to pay failing which you will take legal action without further notice.

Print out the proof of delivery (available online) and, if they don't pay, file an employment tribunal claim. You can do this totally free of charge.

HappyMJ

BonandDom wrote: »

Thank you for your answer, unfortunately my bank, Halifax, doesn't do fast cheque clearing.

Also as it is the 28th and I have not recieved my last pay cheque, is this legal?

Interesting that you say this as my Halifax branch allows me to draw on a pay cheque straight away. Need to show them the pay slip with the cheque and ask. The cheque is not cleared it's just that I can take money out against it.

BonandDom wrote: »

Sorry to resurrect this old thread but I still have not recieved my P45, paycheque or payslip despite several phone calls (office manager always not available) and an email that was read on the same day sent but not replied to.

Anyone any idea what next?

Write a letter. Recorded delivery. The 28th is not a week late yet so give them a few more days.

BonandDom

Uncertain wrote: »

Write (don't phone or email) by recorded deliver clearly setting out what you are owed and give them a short but reasonable (e.g 10 working days) to pay failing which you will take legal action without further notice.

Print out the proof of delivery (available online) and, if they don't pay, file an employment tribunal claim. You can do this totally free of charge.

HappyMJ wrote: »

Interesting that you say this as my Halifax branch allows me to draw on a pay cheque straight away. Need to show them the pay slip with the cheque and ask. The cheque is not cleared it's just that I can take money out against it.

Write a letter. Recorded delivery. The 28th is not a week late yet so give them a few more days.

Thank you - that's what I was thinking of doing, would you suggest sending it to the office address or registered business address? Payroll is done by the office manager, who has not been responding so far. Registered address is directors home address.

Re the Halifax - I was only quoting what I was told by the bank when I paid my first months cheque in.