Unpaid payrise

Junglist

Hi

Apologise if this has been covered elsewhere.

I work for a small company. In October myself and 2 other people were told we were getting a pay rise and small bonus. This was confirmed in writing.

Since then every month we haven't received anything and boss just keeps promising. Am expecting the bonus, plus any back pay.

Its now coming to final pay day before end of financial year so am hoping it will arrive this month, however have been hoping this for Christmas, New Year etc...

My question is: if I were to leave this job before being paid, would my employers be obliged to pay the bonus/back pay. It is confirmed in writing.

Thanks for advice

sangie595

Did it say when the new pay rate started from. Or was it just a promise of a pay rise with no date attached?

Junglist

I have it in writing the new salary will apply from 1st April 2015...

However, we didnt actually have the pay review till Oct 15.

Have this in writing November 2015.

According to what I have in writing I am missing a year's back pay (so are 2 other people if their letters are the same as mine).

The exact wording is: 'Your new salary will apply from the 1st of April 2015 with the first payment being made in your normal salary payment dependent on cash flow including back pay.'

We keep getting told there is a cash flow problem.

Junglist

my concern is if I leave then they will just never pay up

getmore4less

I would be more worried they may be trading insolvent and the regular pay just stop.

if you want the money you may need to pursue it as a debt through the courts.

see if they want to negotiate more time off to cover the debt to help with the cashflow.

sangie595

getmore4less wrote: »

I would be more worried they may be trading insolvent and the regular pay just stop.

if you want the money you may need to pursue it as a debt through the courts.

see if they want to negotiate more time off to cover the debt to help with the cashflow.

I agree. There is something not quite right about what has been done. Nobody who knows they have cashflow problems - and if you don't, why mention it? - agrees a pay rise and bonus, then backdates it for six months as well. I think in your shoes I would be less worried about it being paid, and more worried about getting another job before whatever he is avoiding happens.

Junglist

I agree. They could have just said no payrise and it might have caused some grumbling, but we would have soon got over it instead of still grumbling about it 6 months later.

Personally though, my concern is not getting paid it after I leave. I'm hopefully leaving next month anyway, although i agree my colleagues might need to worry more than me if they're not planning to leave.

However, it would hurt to leave and then next month see my now ex-colleagues get paid but me not...

Thanks for advice anyway, I guess in this case, as mentioned above, I would probably have to pursue through courts.

getmore4less

Relatively cheap as a small claim for an outstanding debt.

You could make it clear in your resignation letter that you expect to get paid all monies due in the final pay along with the P45 as this will clear the way for a letter before action if not paid.


Are there other signs of cashflow issues often subtle thing like stationary supplies running low or difficulty getting something you need or expences getting paid late.

Junglist

Hi,

Thanks, good advice about putting something in the resignation letter.

No other signs that I've noticed, have a company credit card for expenses and no problems.

Heard them talking about some invoices coming in today so fingers crossed for pay day!