'Paid on or around'

Hi MSE forum users!

I have recently started work with a new firm. In my contract it states I will be paid 'on or around the 28th of each month'.

I took this to mean (presumptuously) that as with this 28th, if it fell over a weekend or bank hol, pay day would be pushed forward a few days. Is this clause legal? To me it leaves so much room for uncertainty, especially as I have rent and bills going out on the strength of the contract stating 28th.

Thanks in advance,

Gren
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Bit silly to set up rent based on a contract date which by your own admission is a bit loose. I'd have given myself a bit of leeway, 1st of the next month for example.

    However the legalities I'm not sure.

    The only way really is to ask your payroll department. It may go through tomorrow?
  • ReadingTim
    ReadingTim Posts: 4,067 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes, it's entirely legal and practically necessary if payday falls on a Sunday/bank holiday etc. As to whether you get paid before of after 28th, you're probably best asking payroll - some contracts may say 'on or after', meaning it's a day or so afterwards if 28th is a problem, others will pay you the last working day before.

    You can solve any uncertainty by looking at a calendar.
  • Malthusian
    Malthusian Posts: 11,055 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    You should have at least three to six months' outgoings saved in your current account. Then it makes zero difference.

    Yes, of course it's legal. No matter which day of the month they chose, occasionally it would fall on a weekend or bank holiday. There's nothing they can do about your bank being shut.

    If your employers can't pay into your account on the 28th due to it being a holiday then possibly your suppliers won't be able to take money out either - and both the credit and the debit will happen on the 29th. But I reiterate that it makes no sense to run your finances so close to the wire that you need to worry about that sort of thing.

    If you are absolutely totally skint and there is no way of keeping a sufficient "float" in your account, then don't use Direct Debits.
  • If pay day fell on a weekend / bank holiday, I've always been paid the nearest working day beforehand.


    I'd just ask
  • Undervalued
    Undervalued Posts: 9,453 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Gren wrote: »
    Hi MSE forum users!

    I have recently started work with a new firm. In my contract it states I will be paid 'on or around the 28th of each month'.

    I took this to mean (presumptuously) that as with this 28th, if it fell over a weekend or bank hol, pay day would be pushed forward a few days. Is this clause legal? To me it leaves so much room for uncertainty, especially as I have rent and bills going out on the strength of the contract stating 28th.

    Thanks in advance,

    Gren

    I can understand that assumption as that is what the vast majority of decent employers would do.

    By phrasing it as they have they probably mean it will always be paid before the end of the month, even if weekends and bank holidays fall on the most awkward dates.

    That said accidents can happen and it is very good advice to build some sort of buffer and/or adjust direct debit timings to allow for a couple of days slippage.

    Technically you employer may be liable for any losses you suffer if they fail to pay according to the letter of your contract. However, is that really an argument you want to be having if there is a one off problem?
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's perfectly legal. I suggest that you set up your bills so they go out on 1st or 2nd of the month, so that you don't have any issues.

    But as others have said, you can also ask you new employer what their standard practice is if payday falls on a weekday or bank holiday - it may be that they actually aim to make the payments on the last working day before 28th. The wording in the contract may be there to give them some leeway if there is a delay in the bank processing the payment, or something of that kind.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • mklister
    mklister Posts: 35 Forumite
    10 Posts Second Anniversary
    In every job I've had it's been paid early if payment date falls on a weekend or bank holiday.

    I had one job where payment date was set to the 15th or before.
  • Fireflyaway
    Fireflyaway Posts: 2,766 Forumite
    Fifth Anniversary 1,000 Posts
    My contract is the same. I'm paid on 24th so next month I will be paid on the 22nd as my normal payday falls on a Sunday.
    Maybe just alter your bills to be on the safe side? I made mine the 28th just in case. If you explain, most companies are fine about it.
  • TELLIT01
    TELLIT01 Posts: 17,738 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Malthusian wrote: »
    You should have at least three to six months' outgoings saved in your current account. Then it makes zero difference.

    A great number of hard working people are barely able to get through the month on what they earn. To have the equivalent of 3 to 6 months outgoings in reserve is a pipedream for them. I certainly know this to be the case for my sister-in-law and her husband, and they most definitely don't live the high life, or p*** it against the wall every weekend.
  • I used to be paid on or around the 28th as well. If the 28th was a Saturday or Sunday we would be paid on the Monday or Friday . On the plus side we were usually paid the week before Christmas.
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