Boss wont pay us on payday - wants to wait a week?

roe123

Hi all
Wonder if you can help or point me in the right direction as can't seem to find the right legal stand on this for definite.

My partners boss has always paid him every 4 weeks. His last pay was on 3rd Feb 2012 so next pay should be 2nd March 2012. However a notice went up in the office today that says he wont pay them until the 9th March 2012. We have bills and direct debits that are due out at the beginning of the month and now they are going to bounce (we will get charged - no overdraft) and Im getting really worried about it.
Can he just change it with barely any warning?
I should add this boss has never given my partner a copy of his contract so i cant even check to see what it says, but he has worked there for nearly 2 years now.
Thank you in advance for all help.

tom9980

roe123 wrote: »

Hi all
Wonder if you can help or point me in the right direction as can't seem to find the right legal stand on this for definite.

My partners boss has always paid him every 4 weeks. His last pay was on 3rd Feb 2012 so next pay should be 2nd March 2012. However a notice went up in the office today that says he wont pay them until the 9th March 2012. We have bills and direct debits that are due out at the beginning of the month and now they are going to bounce (we will get charged - no overdraft) and Im getting really worried about it.
Can he just change it with barely any warning?
I should add this boss has never given my partner a copy of his contract so i cant even check to see what it says, but he has worked there for nearly 2 years now.
Thank you in advance for all help.

You have nearly 3 weeks to either get an overdraft or cancel the direct debits.

Forwandert

Can't help re the late payment although I can't see a company doing this unless they're struggling a little but adjust the dd's to a couple of days after his wages will be received at least they gave enough notice so you can do this. Then there won't be any charges etc don't just cancel them though.

roe123

So basically he just has to put up with this and that his boss can do this as and when he likes? This doesnt sound very fair? How often can his boss do this?

Sammyj0e

Surely the notice put up at work would have a bit of info as to why this is happening?

Such as, due to XYZ we are unable to pay you on the usual day etc etc

Googlewhacker

roe123 wrote: »

So basically he just has to put up with this and that his boss can do this as and when he likes? This doesnt sound very fair? How often can his boss do this?

Techincally its a breach of contract but by the time you do anything about it he will be paid.

At least the employer has given ample warning but beware that if this becomes common place that you may want to start looking for a new job sharpish!

heretolearn_2

I don't suppose the boss is doing this on a whim. Is it that he is changing their regular pay date going forward? He should have given a bit more notice if that is the case - can they ask him to defer the change till the following month?

If it's not that, then he has cashflow problems and just can't pay till then. I can't imagine any other reason. Could your OH talk to him and see if he could do half on usual date and half later? In theory, no, he shouldn't do this, but in practise, if the money isn't there in the bank, what else can he do? If it happens again your OH has to make a decision on whether to stay or not. Sometimes firms can have temporary problems but get through them and overall they are still a viable business. In any case, he shouldn't go marching off on a principle, at least wait until he gets another job.

Hezzawithkids

roe123 wrote: »

Hi all
Wonder if you can help or point me in the right direction as can't seem to find the right legal stand on this for definite.

My partners boss has always paid him every 4 weeks. His last pay was on 3rd Feb 2012 so next pay should be 2nd March 2012. However a notice went up in the office today that says he wont pay them until the 9th March 2012. We have bills and direct debits that are due out at the beginning of the month and now they are going to bounce (we will get charged - no overdraft) and Im getting really worried about it.
Can he just change it with barely any warning?
I should add this boss has never given my partner a copy of his contract so i cant even check to see what it says, but he has worked there for nearly 2 years now.
Thank you in advance for all help.

That starts alarm bells ringing straight away. Did your OH sign something when he joined? Although an employment contract needn't be in writing he should at least be aware of what's in it.
http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027905

Apart from that this smacks of cash flow problems and I would suggest its time to start looking around for another job.

dizzyrascal

You need to make sure that the companies that expect your D/D's are ok with a late payment. Mortgage Companies tend not to like it and may charge you a late payment fee. If your other D/D's are with finance companies they may do the same. This could start to add up to a lot of money.

DCFC79

I reckon its due to shortage of funds why teh boss wants to wait a week late

roe123

Thanks - its things like car insurance who will not accept a late payment (have tried) so they will cancel our policy and then a charge and then have to renew - more money etc. I dont know if there is any legal point we can make to his boss in order to force his hand a little in order to pay - surely holding off by a week is not going to help him if he's in money problems. Have asked him to pay 2 weeks money to cover our bills rather than the full amount and he is being completely unreassonable about it. He is now saying if they don't want to wait they can go find another job (a sentence he uses often in order to keep "control" when they have an opinion!) It's a bit hasty to just walk out without a job to walk into. Maybe should look elsewhere though now.