Did'nt get paid - what are my rights?

will1974

Hi All,

I worked for a retail company for 18 months and then left as i was moving to another part of the country and was not sure at that point if I wanted to go to the branch that was in my now local area. Anyway, after 6 months away from work, I decided to go back. I started back on 30th April 2007, I have worked a full month, pay day is today and I have not been paid!!!

I spoke to my boss who said that because I did not bring in my passport or birth certificate since I started Payroll have been unable to confirm my eligibility to work in the UK hence being unable to pay me.....

Although I admit it was mentioned to me, very briefly, about remembering to bring in my documents, I was under the impression this was just to confirm eleigibility and was not an indication that I would not be getting paid if i did not bring in these documents....Also, they must have proof of who i am as i only left the company 6 months ago after working for them for 18 months!!!!

I will now not get paid till end of JUNE!! So I will have worked 8/9 weeks without any pay, even though I have told payroll witout this pay i am unable to pay for petrol to get to work and parking etc....they are not interested in the slightest.

Do I have any rights? i cannot wait another 4/5 weeks with no pay, It costs me £50 a week just to get to work!!!

Any help advice appreciated...

Kind regards,

Will

Savvy_Sue

Ask if a cheque advance can be arranged, to be deducted from your wages at the end of June. But bring in your passport first! You might do better going to HR rather than Payroll to ask for this: if all Payroll do is Payroll, then that's all they do, the monthly run and nowt in between.

It's probable that payroll have tightened up on these checks since you started working for them: there are now sizeable fines for employing someone who doesn't have the right to work in the UK. Also, as you're working in a different branch, the argument may go that they don't know for certain you're the same person.

Jarvisma

Some of us are very busy in between payrolls thank you! I wish I had nowt to do in between payrolls. Typical HR, thinking all we do is press a few buttons once a month, pah!

On a serious note though, It is unreasonable to expect you to manage for two months without any money and I'm sure any reasonable employer, once you tell them that you simply won't have the money that it costs you to travel to work each day, will be willing to raise a cheque outside the payrun and then deduct it as already paid from the total of the two months paid in June.

I have to say though they are within their rights to withold payment until they are satisfied that you are able to work in the UK and since the Assylum and Immigration act has come into force and been tightened the only way they can do this 100% is to see the proof of ID requested chosen from a goverment determined list of acceptable forms of id.

So before you can expect any co operation from them, you should do so by bringing in your passport asap.

LittleVoice

Well, it seems to me if they need to get evidence of the right to work in the UK, they should not have let Will do any work until the evidence was forthcoming.

If someone does not have the right to work in the UK, it would be absolutely wrong to allow them to work and then refuse to pay them!

Having said that, I agree - take in the evidence on Friday and get an "advance in arrears", not as any kind of favour but as your right to be paid.

Jarvisma

LittleVoice wrote: »

Well, it seems to me if they need to get evidence of the right to work in the UK, they should not have let Will do any work until the evidence was forthcoming.

If someone does not have the right to work in the UK, it would be absolutely wrong to allow them to work and then refuse to pay them!

You're absolutely right, and I have to say as a payroll manager it's one of the things that iritates me more than anything!

However, what people sometimes don't appreciate is that payroll are often the last department to find out that someone has started working at a company and, as you say, by that time it's too late.

It is the line manager's job or HR's job (however the company works) to ensure the correct evidence is collected before an employee starts work to ensure payroll don't then bear the brunt of the disgruntled employee when they say they can't make a payment before they see the evidence.

In this, and most cases though, either way it's the company who is at fault and it comes down to that good old lack of communication. As I said, any reasonable company should see that it's simply not feasible for someone to continue working for two months with no pay so should make an advance as long as they have, at that point, seen the evidence required.

OP have you spoken to anyone at work yet and had any luck?

ka7e

A birth certificate is in no way proof of identity (I think that is printed on them now) and a passport should not require production of a birth cert. as well.
Logically, the Government isn't worried who is actually working - you will be paying tax and making National Insurance payments anyhow. And you won't be paid unless you designate a bank/building society account - which again requires numerous identity checks to open. What the legislation does, is make it so expensive and time-consuming to prove who you are (currently £66 for a passport), that the idea of an all-in-one Identity Card looks appealing!
And it's a great form of back-door taxation. Every 16 to 21 year old now seems to need a passport to get by, even to prove you are over 15 to buy the latest console games!

liney

You are required to provide a passport only OR a full birth certifcate, which includes your parents names issued in the UK, and documented proof of National Insurance number.

If you are not from the Uk there are various other documents that can be provided instead.

IIRC, It is not a legal requirement for companies to check these documents, however if they do not and a person is found to be working illegally, they have no defense in court and will be prosecuted to the full extent of the law.

There is another angle though. If you (the company) request these documents from non UK people before they start work, but allow persons who say they are British to start work without them (as you have) then the company could be found guilty of discrimination. The documents must be requested at the point the application from everyone in order to avoid claims of discrimination.

Savvy_Sue

I do apologise, I did not mean to imply that Payroll staff did nothing between payroll runs. What I meant was that the Payroll run would happen at regular intervals, and 'extra' payments wouldn't normally be initiated there - you'd have to get the authority for an advance from elsewhere. At least that's been my experience of larger organisations. And of course if Payroll is outsourced (as it often is) then you would certainly look elsewhere for an interim payment - they'd need to be told about it, to adjust your next payslip, but the action would happen elsewhere.

Jarvisma

It's ok, it was a light hearted retort . I know we payroll & HR people have a complicated relationship!

will1974

Just an update,


My manager has given me £100 to cover me for a week or so till it gets sorted, as he feels responsible for not making it clear to me that by not bringing in my passport I would not have been paid, even it seems he was not aware of this!!

Looks like as area manager has now got involved HR/payroll are going to post me out a cheque to cover my wages and then they will deduct it from next months. So looks like hopefully it will all be sorted now. Thanks everyone for all the helpful advice, much appreciated.