Wages & Employment law help please!!

Xbigman

If the dates in your first post are correct your employer has done nothing wrong. On the 27th you should have received 2 weeks pay (one for the previous week and Xmas weeks pay a week early) plus any overtime for the week before, but not overtime for xmas week. This is the way it should work and is not only legal its fair.

BUT...

It looks like payroll have made a mess of it. Made worse by the fact payroll are now off until the 6th.
If you have an actual loss (bank fees, etc) then you can ask your boss for the money to cover the loss but with no union to fight for you it would be completely up to good will whether you got anything.


Darren

Undervalued

Savvy_Sue wrote: »

I'm not sure what was 'illegal' about that, but there is no legal requirement to pay extra for overtime, as long as it is at least NMW (or living wage if you prefer to call it that ...)

Well, now would be a good time to join, before you need their services again.


And it may well be worth you getting over to the Debt Free board, to start working out how you could build up a small buffer, so that any future issues with pay won't leave you in this state of panic.

Indeed. Like you I struggled to see how that was unlawful (let alone "illegal") but I let it pass as I assumed the OP was simply illustrating that this was a tough / difficult employer.

Your last point is also very relevant. Although the employer might be liable (in theory at least) for any losses this apparent breach of contract has caused that would at best only be to a reasonable level.

Xbigman wrote: »

If the dates in your first post are correct your employer has done nothing wrong. On the 27th you should have received 2 weeks pay (one for the previous week and Xmas weeks pay a week early) plus any overtime for the week before, but not overtime for xmas week. This is the way it should work and is not only legal its fair.

BUT...

It looks like payroll have made a mess of it. Made worse by the fact payroll are now off until the 6th.
If you have an actual loss (bank fees, etc) then you can ask your boss for the money to cover the loss but with no union to fight for you it would be completely up to good will whether you got anything.


Darren

I agree.

Jonathan_Kelvin

MeWho wrote: »

So by the time the 3rd comes half the staff will be owed 2 weeks wages, by the 10th that'll be 3 weeks. Did I mention I work for a company that tried to illegally change our contracts around 6 months ago to drop the rate of overtime pay for people like myself that are over 25 down to normal time. That quickly got shut down, but that's the sort of place I'm dealing with here

Realistically you’re not going to force a resolution that works for you before you are paid anyway, so other than being annoyed, there’s not much to be done.

What’s happened that you have ended up on minimum wage and working for a company that you don’t like? The good news about being on minimum wage is that as long as you are fit and healthy you can walk into another job on the same pay with little to no effort. I’d suggest that you sort this out in the new year, and then start working on getting yourself to the state where you can earn more than the legal minimum.

Best of luck whatever you decide.

MeWho

So to update those of you interested in this...went back to work today, my boss walked in at 7 & immediately had people jumping down his throat so I left it to approach him. Spoke to him when my shift had ended, pointed out that the company have committed a breach of contract (found my contract, it states they'll pay me weekly on a Friday) which apparently he was already aware of. Made it clear I don't want to make anything of it, but that it can never ever happen again. Told him if I hadn't recieved any pay by tomorrow that I wouldn't be in work as I'd need to take the day off to make calls & arrangements to see myself through until the 10th. I'll give my boss some due, he was actually trying to sort it out as I left. Just recieved a message from him now saying that we'll be paid on Monday & Friday next week. Still an absolute !!!! take of a situation though. Turns out the £48:20 I recieved from them was a tax rebate & not for any hours I had worked. In 15 years of being a worker, I've never worked somewhere that has made a big a mess of paying staff at xmas as this place has. My intention is to go to work tomorrow as my boss has at least had the courtesy to let me know what's going on, & too address the situation on Monday if I've still not recieved any pay.

comeandgo

Could the boss go to the bank tomorrow, withdraw however much and give all the messed up employees a sub of say £200 each.They could pay him back when the wages come in. As you got a tax rebate in error, that will be adjusted for in your next wage.