Employer refusing to pay

Indispensable_Hobbes

Hi all, I'm just waiting for the pay and works helpline to quieten down then i'll call them back.

Basically my OH started a new job and handed in his paperwork etc, he was due to be paid last tuesday but didn't receive anything. seemingly the paperwork was not processed because it had been left where the administrator was on holiday.

He was told that he would be paid July and August wages at the end of August. This will leave us in a bit of a pickle financially as it would do most people.

He has tried to speak to someone in higher authority since last Wednesday but keeps being fobbed off. On Thursday he was offered £200 to be paid a week on friday (this friday) which he accepted in the meantime before discussing it further with me.

After contacting the dogsbody again on Friday they arranged for those funds to be paid by chaps that day and for him to speak to the higher authority on monday.

Since Monday he has been fobbed off again. Today his manager received an email which basically says they are refusing to pay him and that he is lucky to get the £200 as others havent been paid at all. Erm... However they seem to be unwilling to confirm this in writing to him or give him a copy of that email.

His contract says he is to be paid monthly, he hasn't been due to their mistake. They have not notified him in writing of any change in pay date or frequency. In fact they did not make him aware that he would not be paid or that his paperwork had not been input until after he had not ben paid.

Does anyone know where he stands with this? The Payment of Wages Act 1991 states 'Employers have an obligation to ensure that their workers are correctly paid for the work they have performed.'

It seems ludicrous that they can give him a token payment from his wages and not the full amount, they have had plenty of time to arrange for the paperwork to be signed off etc.

cr1mson

Probably not much help but every job I have had I have never been paid the first available payday even if there was quite a gap between my start date and first payday.

Given they can get rid of you so easily at this stage of his employment and they are unlikely to do anything more than they have I would just leave it be.

C

duchy

Unfortunately it's pretty common.Most companies have a "cut off date" One company I worked for the date was 10th of the month for an end of month payday so if someone started on say 11th July they wouldn't be paid until 30th August (assuming all paperwork was processed on the start date).

Firefox1975

I'd be more inclined to find out the Financial Status of the company he works for.

Have other long term employees been paid?

agrinnall

Indispensable_Hobbes wrote: »

Today his manager received an email which basically says they are refusing to pay him and that he is lucky to get the £200 as others havent been paid at all.

I'd say that this is a key part of your post. Is it really true that others have not been paid? If so then it sounds like the company may well be having financial problems and looking for another job might be a good plan.

embob74

When I didn't receive pay I was due I downloaded info from the govt website which says an employer cannot withhold wages and handed it to my employer with a request they sort it out promptly or I would hold them liable for any costs incurred as a result of their late payment. If they hadn't paid up I was quite willing to take them to a tribunal or court (for which they would have to pay the costs).
However - I was willing to risk losing my job. You need to weigh up whether it is worth creating ripples that may result in no job. IMO if you're not going to get paid then why would you work for free?
If others haven't been paid then warning bells would go off in my head. I got caught out once being fobbed off about wages errors only to go in one day and the company was in liquidation. It took over 6 months to get my money and I count myself lucky I was living with parents so didn't have to worry about buying food or paying rent in that time.

princessdon

Cut off where I work is 1st of month for payment on 15th of month. Anything not in payroll before 1st of month won't be paid until the following month - new starters would and do fall into that.

My OH waited a week short of 2 months for his wages - it's the way it is sometimes. Did he not ask at interview - do you not have savings you can use to cover this and replace in August when you get double salary?

MissSarah1972

Indispensable_Hobbes wrote: »

Basically my OH started a new job and handed in his paperwork etc, he was due to be paid last tuesday but didn't receive anything. seemingly the paperwork was not processed because it had been left where the administrator was on holiday.

This is the key - it's THEIR mistake and they have to pay you. If you were in time for the payroll cut off it's their mistake.

If you hadn't handed the paperwork in or started after the cut off then nothing can be done. I'd ask for the payment and say you couldn't get to the end of August without it.

Indispensable_Hobbes

Hi thanks for your replies.

I did call the helpline I quoted in the first post on Thursday and they said that employers can delay payment to those on minimum wage for up to 1 pay cycle, however this has never been mentioned.

I send a curt email to his manager on Wednesday stating their error was leaving us in a financially critical position and quoting they were breaking their contract and workers regs (whether thats the case due to the above i can't be certain now lol) and low and behold he got the rest of his pay by chaps yesterday :T

He has been told to keep this quiet as it has cost them over £100 to process and as the other people who they are not paying have not been paid... charming. I think the point is that they f*cked up the administration of the new starters and they havent been paid cos the deadline was missed due to the company error (papers left for an administrator who was on holiday), not that the company is in trouble. It wouldn't have cost them twice if they'd paid the full amount on the first friday.

I'm surprised those other employees aren't kicking up a stink too.

Happy with the result.

It's unfortunate that we have recently relocated and he's not been able to get a better position. I've asked him to look for a better paid job but in the meantime this will do.

MissSarah1972

Indispensable_Hobbes wrote: »

Hi thanks for your replies.

I did call the helpline I quoted in the first post on Thursday and they said that employers can delay payment to those on minimum wage for up to 1 pay cycle, however this has never been mentioned.

I send a curt email to his manager on Wednesday stating their error was leaving us in a financially critical position and quoting they were breaking their contract and workers regs (whether thats the case due to the above i can't be certain now lol) and low and behold he got the rest of his pay by chaps yesterday :T

He has been told to keep this quiet as it has cost them over £100 to process and as the other people who they are not paying have not been paid... charming. I think the point is that they f*cked up the administration of the new starters and they havent been paid cos the deadline was missed due to the company error (papers left for an administrator who was on holiday), not that the company is in trouble. It wouldn't have cost them twice if they'd paid the full amount on the first friday.

I'm surprised those other employees aren't kicking up a stink too.

Happy with the result.

It's unfortunate that we have recently relocated and he's not been able to get a better position. I've asked him to look for a better paid job but in the meantime this will do.

CHAPS costs them £100? I very much doubt it. More like £20

Indispensable_Hobbes

Oh I know lol, they did pay it twice though I think they exaggerate to make it look like he's got a great deal.