Employer witholding pay amongst other things

globalhobo

Hi first time poster and got some general queries I hope to get some help with.

Firstly, my employer has not paid me for 3 months now..meant to be forthcoming shortly, and yes, I am interviewing for new jobs.. However, I have had to dedicate some time to do other things like process housing benefit claims, etc. which has taken up alot of my day time recently. Last time I tried to claim time I was asked to claim it as TOIL although I did try to reason that they had put me in a position where I had to spend my time searching for alternate means of income. They finally agreed to allow me to use some expired TOIL. This time it is different however, they are now saying I will not be paid for this time although this only happened after they made a promise to pay and subsequently couldn't..again. I find this to be utterly senseless. Their excuse being I made a choice not to work. I argue I was put in a position by them to not be able to carry out work. Is there any general guidance on this? I am struggling to find much online. I have just about managed to put off the council tax ending up in court. Could I just default it and send them the bill? They seem to be wanting to administer the contract one way only, but as I have pointed out to them, they are in breach, not me..so how can I be punished?

Secondly. My contract states I am self employed but having swung it by two professionals on employment law, they both proclaim it is beyond a doubt that the contracts infact state I am an employee. Now I have not worked for them long enough to be under the 2 year statutory period, and infact I never saw the contract until my first day at work although I kept requesting it prior to signing on with them. It is a small business, and very new. But the 'self employed' issue was not really highlighted until I had completed my 6 month initial contract where they offered me a continued 1 year contract. They have not been paying my NI or taxes, and although I know they will have to be paid which has been put away, what are their actual commitments to this? My pay slip merely states my gross monthly income. I've never worked for an organization this small and always had everything in order from the employers side. I have not since my P60 yet either. I spoke to a chap at the local CAB who has been in touch with HMRC who are currently scratching their heads and awaiting a response from them, as it is now an ongoing case.

As the situation stands, I am fairly furious with what was an amicable situation, but these past few months have truly showed them up to be an amatuer outfit and I'm jumping ship asap.

CIS

I have just about managed to put off the council tax ending up in court. Could I just default it and send them the bill?

You could, but legally it's still your responsibility for payment.

globalhobo

CIS wrote: »

You could, but legally it's still your responsibility for payment.

Thanks for the response, and I am aware I must pay my own bills. My question is really I guess, can I pass on any costs incurred due to non payment/late payment to my non paying employer?

jobbingmusician

I think you CAN pass on reasonable costs (although I stress I am not an expert). You have a contract of employment (implied, even if you haven't received a paper document - and your employer is breaking the law if they haven't given you a summary of your main T & C). Part of this contract is their responsibility to pay you. I would send them a letter before action stating that you intend to pursue both your pay and the extra costs which non-payment has cost you. (I don't understand about housing benefit - surely your employer, rather than the state, is responsible for ensuring that you can pay this?)

globalhobo

Well, the problem I guess has now been exacerbated by a change in circumstances as off today. A message about voluntary redundancies has been sent out, although my position appears to be safe should I want it.

I guess why we're having to turn to the state is our employers inability to pay up. And I have seen some evidence I can pass on things like overdraft fee's, though the issue of late bills I am still unsure about.

IT would also appear, as my pregnant partner also works for the same employer, is being squeezed out by the looks of the message she received. Neither of us have worked there for even a year yet, but what would realistically be a wise approach in dealing with what on the surface appears to be a redundancy forced about due to pregnancy?

[Deleted User]

globalhobo wrote: »

Neither of us have worked there for even a year yet, but what would realistically be a wise approach in dealing with what on the surface appears to be a redundancy forced about due to pregnancy?

Well, you'd have to somehow prove this accusation. If she was the only one threatened with redundancy you might have a case, but as it stands any complaint you might make would be unsubstantiated.

Probably time for both of you to be looking for another employer….

terra_ferma

I would suggest you get some legal advice, as your situation seems a bit to complex for a general public forum like this one.
Hope you get it sorted, sounds like a nightmare.

globalhobo

Moneyineptitude wrote: »

Well, you'd have to somehow prove this accusation. If she was the only one threatened with redundancy you might have a case, but as it stands any complaint you might make would be unsubstantiated.

Probably time for both of you to be looking for another employer….

We both are, but when you look visible pregnant it's not easy. And this would also terminate her employment prior to the 15 weeks before birth, i.e removing access to SMP. We have been in contact with CAB on the matter, as well as consulted some legal advice from a friend who does it for a living.

Our current employer did state categorically that he would review her work load when he was informed on the pregnancy, however..shortly after 2 people left without notice due to the ongoing situation and the workload was dumped on her as well. The current messages are also speaking of making 'sacrifices' etc, although vague as usual. There are a number of positions he has listed that he requires, from what I can deduce, 2 of 5 staff will be let go. Is last in first out a viable excuse for the company? I understand under any circumstance we can always demand a written statement?

As for my position, I am the only one able to carry it out in the firm, hence my job looking 'safe'..but he has asked if I wish to claim redundancy so he can refill the role with someone else. Would that not also equate to essentially giving me the sack, and not redundant?

I've been to a couple of interviews already, so awaiting answers whilst still trying secure further interview. But it does not happen overnight.

[Deleted User]

globalhobo wrote: »

. Is last in first out a viable excuse for the company?

Most employers want to keep their most experienced staff and I can't see any mileage in trying to claim any wrong doing there.

globalhobo wrote: »

As for my position, I am the only one able to carry it out in the firm, hence my job looking 'safe'..but he has asked if I wish to claim redundancy so he can refill the role with someone else. Would that not also equate to essentially giving me the sack, and not redundant?

How is it the "sack" if he's giving you the choice of whether to go or stay?

globalhobo

terra_ferma wrote: »

I would suggest you get some legal advice, as your situation seems a bit to complex for a general public forum like this one.
Hope you get it sorted, sounds like a nightmare.

You're probably right, hoping to get some advice sorted out this week. Managed to book a session with an HR specialist at CAB on Wednesday.

globalhobo

Moneyineptitude wrote: »

How is it the "sack" if he's giving you the choice of whether to go or stay?

He is offering redundancies, but for my position, he has stated he would have to rehire someone. Hence I am a bit confused..a redundancy is usually not offered if the position is intended to continue, is it?