Employee wages advice please.

jamesni

Hi all, can you please help. I get paid monthly and my employer has only paid half my wages, basic pay(contracted hours got paid 80hrs instead of 160). i also havent been paid overtime i have done. my wages was suppose to be on the 2 nov. I have called and they kept on saying "it should have been sorted and dont understand". i have spoken to Store manager, HR manager and also my shift manager.
on the 2nd nov To be fair to my shift manager , he got me my wage query form, helped me fill it in and emailed hr it. and then next day approached the store manager.
i visited the hr manager on the 5 nov . and she said it will be sorted that week.
so i waited till 13 and still no money. so i phoned hr and tell told me the made the payment on the 9 nov and should take 5 working days.
its been 5 working days and still nothing.
i was due to work last night but dont have any money or food or petrol. to get there.My bank has charged me unpaid DD and late mortgage fees.
I phone my work and asked them the story and they told me i will get a disaplinary. What can i do?

Uncertain

jamesni wrote: »

Hi all, can you please help. I get paid monthly and my employer has only paid half my wages, basic pay(contracted hours got paid 80hrs instead of 160). i also havent been paid overtime i have done. my wages was suppose to be on the 2 nov. I have called and they kept on saying "it should have been sorted and dont understand". i have spoken to Store manager, HR manager and also my shift manager.
on the 2nd nov To be fair to my shift manager , he got me my wage query form, helped me fill it in and emailed hr it. and then next day approached the store manager.
i visited the hr manager on the 5 nov . and she said it will be sorted that week.
so i waited till 13 and still no money. so i phoned hr and tell told me the made the payment on the 9 nov and should take 5 working days.
its been 5 working days and still nothing.
i was due to work last night but dont have any money or food or petrol. to get there.My bank has charged me unpaid DD and late mortgage fees.
I phone my work and asked them the story and they told me i will get a disaplinary. What can i do?

Two issues here and I'm afraid you are not going to like some of this......

Obviously your employer should pay you in accordance with your contract. If they don't (and it is their fault) then, in theory at least, they are liable for any losses this causes you. You have a duty to minimise those losses as far as reasonably possible. If you need to borrow money as a result then you should do this as cheaply as possible. In other words, if possible, arrange something with your bank rather than incur unauthorised overdraft charges and penalties. You could then reasonably ask your employer to reimburse your costs.

However, not turning up at work as a result is less clear cut. You have a duty to get yourself to work and it is not your employer's problem how you do so. Was there really no alternative at all to using your own car? Did you warn your employers that, unless you were paid by a certain date you would run out of money and not be able to travel? Did you ask if any colleague would be willing to pick you up and maybe you contribute to their petrol later? If you did all of these then you MAY have a defence but otherwise all you can do is to ask the employer to be lenient under the circumstances.

It is also not your employer's problem that you seem to run your financies so tight that no "rainy day" money is available. Maybe there are good reasons for this or maybe it is a lifestyle choice. If it is the latter then you need to rethink your priorities.

sequence

If your employer fails to meet their contractual obligations (ie paying you!) then they are liable for you costs such as failed DD charges and overdraft interest/fees etc. However, you still have to meet your side of the contract by turning up at work, etc.