Not been paid - Can I demand immediate payment?

nicbooful

Hi.

If I have not received my pay from work can I demand they pay it today?

I will not be able to cope without the money. It's my maternity pay and I really cannot be doing with the worry of how I'm going to afford to live when my baby is already overdue and judging from the pain I'm in will be here by this weekend.

I've worked for them since July 2009 with no problems yet since the beginning of September 2012 this will be the 3rd time I have not been paid!

On the previous 2 occasions I have had to wait a week for the payment which resulted in me having to take out a pay day loan to cover my bills incurring extra costs to myself.

They are a big, well known company so this is adminstration errors and not because they cannot afford it.

Please help.

LutonGirl

Have you spoken to anyone in the payroll department to find out why you haven't received the payment and more importantly, when WILL you receive it?

I suppose you could demand they pay you today, but whether they will be able to or not is another matter.

ButtonF1Fan

I have previously demanded pay that was short from my wages. I got my employers to "lend" it to me from the safe and the wages, wrongly added to the next payslip, would be "paid back" when I got it. (big employer)

Not sure on what you are actually meant to do though, but my first step to suggest would be seeing or phoning your line manager.

miduck

You can "demand" it, equally they can refuse - you are entitled to the payment, but the only way to legally enforce that is via a tribunal or small claims. Have you asked why you have not been paid? It would be more constructive to take a calm approach, and as ButtonF1Fan suggests to see if you can reach a compromise.

agrinnall

If you incurred costs through late payment of wages previously you are entitled to ask your employer to reimburse you for those. Have other people had delayed pay as well, or is it just happeneing to you? If it's the former then they are maybe having problems with their payroll system (in which case they should really have some contingency plan in place, especially as this is now the third time it's happened), if it's the latter then maybe it's connected with how they have set you up for maternity pay - have all the late payments been since you went on maternity leave?

By the way, good luck with the baby if it does decide to arrive over the next few days.

Uncertain

agrinnall wrote: »

If you incurred costs through late payment of wages previously you are entitled to ask your employer to reimburse you for those.

Yes.

However before doing so the OP needs to check her contract / staff handbook to make sure that the firm are actually in breach of contract. It might, for example, say that salaries are NORMALLY paid on a certain date but may be within a range of dates.

If they are in breach then you would be entitled to ask (and in extreme sue) for any unavoidable losses this has caused you. Like any such claim you have a duty to take all reasonable steps to minimise the loss. For example, there may have been cheaper options than a "pay day loan".

I have got to say however that it is really not a good idea to run your finances that tight so that a few days salary delay gives you such a problem. I know you can say it is all the firm's fault but other emergencies can crop up. Getting some sort of cash buffer really is a high priority.