What are my rights?

JMKupo

Hey Guys,

Long time lurker, first time poster. Wondering if any of you kind folk can help me!

I've worked at the company I'm at now for 4.5 years. They own around 5 or so office complexes in various locations around the world. Our site has always been paid on time ("on or near the 19th of the month") etc until recently. I don't think in 3 years it had ever been late (at best even a day or two early). A few months ago however we were paid late by 7 days or so, the company blaming a 'hiccup' with funds coming through etc. Communication was pretty awful during those 7 days we had to fight really hard to get any kind of update. We heard rumours that other sites had experienced something similar. We were then paid after 7 days as informed after a short term investment had come through and we needn't worry about wages etc. The following 2 months, back to usual, paid monthly on the 19th as per standard.

However, this last payday, once again, we were not paid on the 19th. Around 2 days prior to payday we were visited by the global company management + informed that there had been further issues with funding, and we would not be paid (frustratingly barely any notice for those who had to make arrangements etc to cover mortgage payments etc) but that a short term investment was being completed to cover things. We were told that we were to expect around a 7 day delay in getting our wages paid. We also put lots of questions to them about how this could happen, and what they would do to ensure this doesnt happen again. That People have rent/mortgages etc to pay... they depend on this income. The general attitude was actually quite aggressive (one question suggested trust had been damaged and how were they going to make it right, they outright said ''no'' we were wrong, "it hadn't", and ''who's question was that''. Yeah...). They were also pretty dismissive of our complaints, they said that we should actually be grateful as our site was actually experiencing limited disruption to other sites who had to wait even longer to be paid.

Well, 10 days passed since the 19th (payday), so not the 7 suggested, and we finally got..... an update (nothing else heard in that time). Basically the investment has come through and we are to be getting 'paid', but now only a percentage of wages rather than all owed as initially promised (% to be equally split across employees in all sites to make it 'fairer'), and we would hear more information the following day, confirming both pay date and amount. When questioned there was no information on potential salary value, only "anything from 1% to 99%".

Its now been 5 days again since that last update about the partial payment (so over 15 days total since payday), and still nothing. No pay. No more updates. Allegedly (after much pushing) today we have been told there will likely be an update tomorrow, but I'm not holding out for much more than 'there is still no news'.

They also informed us that they have a second much much larger investment which has just been underwritten that should be completed on a specific date later this month and would secure us for around 12 months. Again no emphasis on how long it would take to get funds from that once this deal is completed or if we would have to sit without pay for another 2/4/8 weeks, etc.

Its extremely, extremely stressful, not knowing if we are going to get paid for the past 5 weeks of work. Every day I work now just feels like 1 more day I may end up working for free. Even more stressful when bills etc are still mounting.... Honestly, It feels like at present we are just being strung along. They actually had the gall to ask some of us to stay late in order to hit some deadlines... (overtime is always unpaid but its worded into our contracts e.g. ''additional hours as required''). Morale is at an all time low. Communication has just been shocking (i.e. close to none). I feel bad for the local management of our site, they work hard to get info but it feels like they are being stonewalled, and genuinely are trying to get updated (they aren't getting paid either after all).

To make things worse, this is a fairly specialist job that isn't in every city, so there are many people here who really have no choice but to stay and see how things pan out, as to change jobs would require uprooting and moving across the country to another company (families, houses and all).

To add insult to injury, even if i decided I'd had enough, I have a 2 month notice period in my contract. Technically I would say they are in breach of contract but as I'm no lawyer, I'd be hesitant to just up and walk out for fear of repercussions. However... surely I cant be expected to work 2 months more if technically they may not even pay me for that time?

Should I at least be putting in any official complaints/comments so there are records to fall back on if things go awry? I don't want them arguing that we accepted their moving of the payment date, etc.

I'm just wondering if anyone had any kind of clue what my rights were e.g. What they are doing is illegal and I can claim constructive dismissal? vs I have to hand my resignation and have to work my notice period? vs. I can hand in my resignation and walk etc? Any advice appreciated!!

lincroft1710

No point resigning without a job to go to. You probably wouldn't win a constructive dismissal case if this was a temporary cashflow problem. Give it a few more days.