Not been paid & cant afford to get to work

Gcandy77

Hi & thx for reading.


My situation is that I work on a flexi-time contract as a Cashier/Cust services rep for a Major high street retail shop, I average 25hrs pw. I get paid for the previous weeks hours that I worked on a weekly basis every friday. I am on UC receiving top-ups to help with my rent too.



This week I have not received any wages.



I am currently "in the red" regarding my bank account, cant pay bills, cant buy food & cant use the travel services. To rub it in, I actually booked holiday for this w/e but cannot do that activity either as I have no money ... Instead im sitting at home, trying to find my legal position and writing this


I have contacted my manager via phone and advised of the situation, but because its the w/e there is not much he can do to try and resolve the monetary issue till monday, which is fair enough. This will probably be resolved and paid to me this coming friday as this what happened when other people i work with had this issue in the past - This is where my issue is.


I am due to work this Tuesday coming (22/10/19) and atm I cannot afford to travel to work & naturally I dont want to lose pay for not attending and also would find it incredibly unfair them doing so considering they caused this issue not me.



I have asked my manager if they would be able to provide me with and advance and I have been told that they do not offer this any more & the best thing I can do Is ask my friends or family to help me out. Whereas I can do this, I dont feel comfortable asking these people as I know they are not incredibly well of themselves and I more than likely will be causing them a burden in doing so. Im also likey to get extra charges too as I cannot pay bills due to this late payment and im not to sure if I can ask my company to pay for that as well.


I know that technically my firm has breached the contract as they have not paid me on the date they state they will in the contract, I could go to an Employment tribual (ET) but that takes months and this will probably be resolved in a weeks so i dont see the point.


I plan to speak to UC about this on monday to see if they can put some pressure on the firm and i also plan to speak to acas too, but again I dont know if they will beable to do anything useful in the restricted time I have before I due to be back at work.



My main question is where do i legally stand if I do not turn up to work due to not having the funds, will/should i still get paid for the days I cannot attend?

As u can tell i feel a bit in a pickle atm

Any advice on this situ would be greatly appreciated

[Deleted User]

Can I ask how much it will cost you to get to work? Also the company should send you a faster payment Monday and not wait until the next pay day in my opinion. I’m sorry you are struggling this much, perhaps try and save a few pound a week for emergencies like this? Not easy I know. But I think of you don’t go in they won’t pay you and you’ll be short the week after.

Dakta

Might be arguing semantics, but is it worth mentioning that It's not really an advance that you're asking for, if it's money that should already have been paid?

Blatchford

I really do get how hard this is, but we have no idea why the payroll is delayed, and you having not a penny to manage for even a few days is really not the companies fault. The DWP and ACAS can't do a thing except really !!!! off the employer. And the fact that you are in the red even without your wages is not the employers fault. Basically, legally they must put this right - that means they must pay you and they seem to be addressing that. It's tough, but it happens - the blame game won't help. Given that you are paid weekly, and the vast majority of bills are monthly, then just how many bills can you be unable to pay all in one week? Most people can wait a week if you speak to them, so that only means you need bus fare to work, surely? At which point you may be able to get an advance if you ask.

Your real problem is that you say that every bill, food and travel are impossible if one weeks wages are missed. You need urgent debt counselling and help with money management. Nobody can live like this for long.

tacpot12

You should get paid for the days you have worked, and in theory should not be in trouble with the DWP because you have left your employer because of a breech of contract, but by not managing your money well you have left yourself very exposed.

I would strongly suggest you ask your friends or family to sub you so that you can go to work, and if the employer does not pay you within a week then leave.

TELLIT01

Dakta wrote: »

Might be arguing semantics, but is it worth mentioning that It's not really an advance that you're asking for, if it's money that should already have been paid?

I agree totally with that.

TELLIT01

Blatchford wrote: »

I really do get how hard this is, but we have no idea why the payroll is delayed, and you having not a penny to manage for even a few days is really not the companies fault. The DWP and ACAS can't do a thing except really !!!! off the employer. And the fact that you are in the red even without your wages is not the employers fault. Basically, legally they must put this right - that means they must pay you and they seem to be addressing that. It's tough, but it happens - the blame game won't help. Given that you are paid weekly, and the vast majority of bills are monthly, then just how many bills can you be unable to pay all in one week? Most people can wait a week if you speak to them, so that only means you need bus fare to work, surely? At which point you may be able to get an advance if you ask.

Your real problem is that you say that every bill, food and travel are impossible if one weeks wages are missed. You need urgent debt counselling and help with money management. Nobody can live like this for long.

If wages are late, and the employee is hit with bank charges or other additional costs, I think the employer is responsible for correcting that position. The employee should not be put into further financial difficulty because of a failure of the employer.

DCFC79

Why have you no savings to cover a situation like this ?

Marvel1

Blatchford wrote: »

I really do get how hard this is, but we have no idea why the payroll is delayed, and you having not a penny to manage for even a few days is really not the companies fault. Basically, legally they must put this right - that means they must pay you and they seem to be addressing that.

But not paying the OP on tie is the companies fault.

They are not sorting it out quick enough!

Blatchford

TELLIT01 wrote: »

If wages are late, and the employee is hit with bank charges or other additional costs, I think the employer is responsible for correcting that position. The employee should not be put into further financial difficulty because of a failure of the employer.

Morally yes. But in practice if the employer refuses then there is very little that anyone can do about it. And we don't know that the employer wouldn't - if there are additional costs.

DCFC79

Marvel1 wrote: »

But not paying the OP on tie is the companies fault.

They are not sorting it out quick enough!

Yes exactly, they could provide an advance payment and then the OP doesn't get paid once its sorted out.