Help - haven't been paid!

Thomask

Having recently worked for a company, I still haven't been paid. The payment is about 2 months overdue.

They haven't said they won't pay me, however they are taking an exceptionally long time to sort it out. Slow to reply to emails, claims the payment has already gone through etc. I have sufficient email evidence that they intend to pay me - so no problems there should I need to take it furher.

My question, however, is what can be done? Is there an organisation I can file a 'claim' of some sort to try and speed up the process?

I've also requested a payslip and the tax documentation I understand an employer is required to issue when an employee ceases their employment. So far I've recieved nothing. Surely this is illegal?

LittleVoice

If you were employed under PAYE then you should have received a P45 when you left - and this should have included your final pay - which you are saying hasn't been received so maybe that's why you haven't got a P45.

They should indeed have provided you with a payslip if they paid you - but they haven't paid you.

Are they suggesting you were self-employed rather than an employee?

An application to an Employment Tribunal would be one route for you to consider.

losbert

An employment tribunal would be a good idea. I certainly think you should get some legal advice if at all possible.

Thomask

I was employed as an employee.

What does it cost to lodge an application with the employment tribunal? If the company after recieving notification from the employment tribunal decides to pay me, can I cancel the lodgement? Would I lose out on fees paid?

mountainofdebt

The fact that you haven't received a P45 from your old job is neither here nor there as far as being pad from your new job is concerned.....at worst you could have been put on the emergency tax rate or at best they could have got you to fill in a P46 to cover you in the meantime....and you can get these off the HMRC website so there's no excuses.

Assuming you have a contract which should detail when you are paid, if your new employers have not paid you in accordance with the contract then they will be deemed to have broken the contract - however if you continue working for them it will be deemed that you have accepted the change in conditions.

I'm just wondering if they are in financial difficulties and are delaying paying the wages as a result? Are other employees being paid on time?

Ally

Firstly, you can raise a grievance before you take the ET route if you want. You should use employers grievance procedures ... if you do not have these details ... use statutory greivance procedures. http://www.adviceguide.org.uk/index/life/employment/dealing_with_grievances.htm

Secondly, under the Employment Rights Act 1996, an employee must receive key particulars of his/her employment in writing within two months of commencing employment. These are known as the Terms and Conditions of Employment. You can right a letter to your employer (send registered/keep a copy) explaining this and request that they send you the info within X working days as required by law.

Thirdly, you need to check the written statement of their terms and conditions of employment. This written statement should include details of how frequently your wages should be paid, such as weekly or monthly.

Finally, if needs be, get yourself an ET1 form for the Employment Tribunal route. Time limits apply, so try and get it sorted with employer quickly ... given this coming friday as a deadline .... then state you will take ET action for non-payment of wages and make a breach of contract claim ... you may be able to reclaim expenses that have resulted in not being paid your wages i.e. bank charges etc ... that is if the terms and conditions of employment state that you should be paid weekly/monthly ... as a note, you should have been told verbally when and how you would have been paid. This is still a contract and if employer fails to adhere to this, they again have breached the contract ... it doesn't have to be in writing .... but you should have main T&C's of employment within 2 months as mentioned previously.

See here for further details ....
http://www.direct.gov.uk/en/Employment/Employees/index.htm

http://www.adviceguide.org.uk/index/life/employment.htm


HTH

jobbingmusician

And, in response to your earlier question, it doesn't cost anything to raise an ET

allison_grubb

My boyfriend too had this problem with an employer. He contacted the citizen's advice bureau who sorted the whole thing out for him.

As you say you have evidence of promise to pay, as did he, and it took around 6 weeks to sort it out.

Hope this helps

Thomask

Thanks so much for all your help!

The money finally landed in my account (perhaps they read this thread? )

However, still no sign of a P45 nor payslip. I'm fairly certain they've underpaid me.

I've let them know the money has arrived and requested the P45 and payslip. Despite sending several emails, no reply.

How long do they legally have to provide these documents? If I don't recieve them, can I file a 'claim' of some sort to hurry them up?

Savvy_Sue

You can phone your local HMRC office and they may put a chaser on your P45.

Have you tried phoning? Can be more effective than emailing.