Possibility of Not Being Paid?

MentalMinnie

Looking for advice. Husband handed in notice a month ago, was due to leave this coming Friday but on Wednesday last week there was a ‘falling out’ with the boss/owner and he was told to ‘f**k off’ there and then. Husband went to new job that same day.

Problem is, it’s always a case of ‘will we get paid on time’. Staff are paid in dribs and drabs throughout payday, it’s never done by an automated BACS. Hes massively worried that his now ex boss is going to withhold his final wage to be a prat. Presumably that’s illegal but if the worst happens, what’s do we do to get it?

jobbingmusician

If you don't get it, use MCOL. It's a simple process. It does cost money, but not much. Stage 1 of MCOL is sending a Letter Before Action, which should be headed as such. Tell the employer that the pay was due on payday, is now overdue and so you'll be raising a case through MCOL if you don't receive payment in due by (I suggest a week from the due date).

Hopefully there won't be a problem, but at least you know what to do, now! And don't forget that your husband is also due pay in lieu of any untaken holiday accrued since the start of the holiday year. (If he's taken more holiday than he has accrued, then the employer is entitled to deduct these holiday days from his final pay packet.)

MentalMinnie

Brilliant, thanks. So if his wages don’t go in by the end of the day on payday, we can start an MCOL claim the following day?

Diamandis

You could send the letter before action the next day