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wellbeing at risk because employer hasn't paid me
hunterfi
Posts: 2 Newbie
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Comments
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Goodness.
It sounds like you missed the cut off for this payday. That's unfortunate, but it's not their responsibility to manage your finances.
It is your responsibility to get to work. If you'd gone they may have been able to arrange the cash advance you mention. As you've not gone I wouldn't be surprised if they asked you not to come back again.
All the other stuff is largely irrelevant.0 -
Briefly....
If you have directly and unavoidably suffered a loss as a result of your employer failing to honour their contractual obligations then yes, in theory at least, they are liable.
Like any similar claim you have a duty to take all reasonable steps to minimise your losses.
Regardless of the circumstances of your leaving you are entitled to be paid for all work done plus any accrued but untaken holiday.
But.....
Are they actually contractually obliged to pay on a specific date or is there some degree of flexibility in this (words like "normally usually generally" etc). Could they reasonably argue that you have failed to do something which meant they were unable to pay on the correct day?
If it is totally their fault and a letter before action fails to get payment then you will have to take action in the small claims court (or Moneyclaim online). Even assuming you win it will take some time.0 -
They told you that there was a problem in getting you onto payroll, so there was warning that you may have problems in getting paid.I have just started working for a new employer 2 weeks ago. I am currently a student on summer break and so relied heavily on this income to support myself in the absence of my student funding.
However my employer hasn't paid me when I should have been. Previous to starting, I had enough money to tie me over until payday for utilities, travel etc. Today I had to call in to say I could not afford to travel to work and therefore could not attend for my shift.
My line manager was aware of my situation as I spoke to her yesterday regarding the urgency in the matter. I am now in a position where my wellbeing is at risk due to having no financial means whatsoever to eat, pay for utilities, rent etc.
To give a little background on the situation. When I attended work on my third shift I was met with a manager at the entrance who summoned me to the office and walked me there with a very stern attitude and would not answer my question when I asked if something was wrong. There was another manager and a supervisor waiting in the office for me when I got there.(I could have walked to the office myself without the intimidation act)
I was told that they had a problem getting me on the system for payment as apparently I had worked for the company before and did not declare it. Initially, it appeared to me that they were investigating whether I had been dishonest about my employment status. The reason they had me on the system was that a full 8 YEARS previous i had applied for a job with the company, did 3 days training and because I was student nurse at the time working shifts the job was not going to work for me. I spoke to the person in charge at the time who said notice was not necessary and it was fine to terminate with immediate effect. I was never paid for the training days as I should have been and never chased it up. They then changed the reason to there being a glitch in the payment system from an old one to a new one. They explained there may be a delay in getting me paid. I gave them the truthful reason that I may be on the system and also explained that there was at no point in the application where it asked if I had worked for the company before. Throughout the process there was someone taking notes on everything that was said. I stopped at one point to ask if this was some kind of formal thing and that I did not want to proceed if I was being investigated for something. They assured me no.
Anyway, I have since spoken to my line manager who assured me there would be an arrangement made such as a cash advance or cheque. So far, nothing.
I am now in a position where my direct debits have not been paid and so I have incurred bank charges I would never have previously anticipated had I been paid, my phone and internet are currently unpaid will be closed in the next 5 days if not paid so I will have no means of communication and I had to call in today to say I would not be in.
Sorry for the long winded thread here but it seems there are a few issues within the way the bigger problem has been dealt with.
In short can anyone give e some advice on :
1) Where I stand in terms of losing wages due to not being able to attend work via fault on my employers side?
2) Being led into debt and my wellbeing compromised due to having no money via fault on my employers side?
3) The way in which this was addressed i.e.: note taking, manager escort etc in spite of being reassured I did not need to take any legal advice even though on several occasions they called it an "investigation into the circumstance in which I left the company"?
4) Regardless of how I left (even though I gave them the truth) surely I should still be paid for the hours I've worked?
On a side note out of curiosity. Should they really still have my details including bank details after 8 years?
Thanks for any feedback and the time to read my longwinded post.
(1) Nowhere. It isn't the employers problem how you get to work, regardless of whose "fault" it is that you haven't been paid
(2) You MAY have a case about the direct debits. Your "well-being" argument is, however, of no legal relevance. There is no case.
(3) you didn't need any legal advice, you were not entitled to any legal advice, and since it was simply an investigatory meeting, you were not entitled to representing. So there is no case to answer.
(4) They haven't denied you your pay. It is delayed. They told you it might be delayed. And the told you why. You should be paid for the hours you have worked, but that isn't the same thing as being paid now for the hours you have worked.
I don't see any problem with them still holding your previous employment records. It isn't as though they could do anything with them. I would imagine that sorting this out would be of greater importance.0 -
Employment stuff aside for the min. "Incurred bank charges"?!!
http://www.moneysavingexpert.com/banking/basic-bank-accounts
Basic bank account here is want is needed, honestly cannot believe I am the only one with a somewhat glorified basic account - I have one where the bank won't grant credit but certainly I've never been at the detriment of receiving bank charges. (circa previous 4 years without charges) the link above definitely has helped me see why!
BT - I've gone from the 6th to the 20th before without the line being disconnected - willingly accepted the late charge next pay period when things will be better.
Likewise - we have access now online to our bank accounts, don't we? so why not prioritise that over being patronised here.
A sorry situation. Sounds like a "Back to work Interview" may now happen which is going to be a bigger worry but least you can try and approach it more reasonably/rationally? if you get the chance to as I don't know that you can rant when you are the new person, as much as I think it should be mandatory to explain payroll problems to folk a lot sooner. You may save yourself if you offer to and are allowed to work back the missed time.0 -
if you are a student on a summer break , surely you have a STUDENT bank account ?
Co-op do an excellent one which offers a FREE OVERDRAFT which increases in increments the further into your degree course.
if you had managed your money OR your overdraft better then you should have funds to tide you over for longer than two weeks
how would you have managed financially if you hadn't got this job ?
it is NOT the responsibility of your employer to ensure you are financially safe- it is YOURS
you KNEW there was going to be a break in your student funding and should have make preparations for it - welcome to the real world of grown ups where we have to take responsibility for OURSELVES !0 -
if you are a student on a summer break , surely you have a STUDENT bank account ?
how would you have managed financially if you hadn't got this job ?
it is NOT the responsibility of your employer to ensure you are financially safe- it is YOURS
you KNEW there was going to be a break in your student funding and should have make preparations for it - welcome to the real world of grown ups where we have to take responsibility for OURSELVES !
OP says they were a nursing student 8 years ago, so this would suggest they are at least 26 years old now. So perhaps they are now trying to obtain further or different qualifications as a mature student.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
lincroft1710 wrote: »OP says they were a nursing student 8 years ago, so this would suggest they are at least 26 years old now. So perhaps they are now trying to obtain further or different qualifications as a mature student.
well surely then the Op should have been better prepared for the summer break and a break in their student finances ?
my comments were about the fact that the summer break should not have come as a surprise to them and that it isn't the responsibility of anyone else to ensure their financial well being.
I am probably being very dim - but I don't really understand your point
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at no point did you mention being in Scotland ( not that i could see)
I know of lots of nurses in Scotland and have never heard of " compulsory training to move into a different dept of nursing"
that phrase implies that you have had no choice in being moved and forced to incur student debt - which I am almost certain no employer can force you do.
whilst your circumstances may have changed since you started this course, presumably you were working before and know how to budget your salary - so why this has caught you unawares is even more beyond me.
oh and as far as I am aware the criteria for a STUDENT bank account is that you are a STUDENT -not of a certain age - when my husband undertook his degree in this 30's he had a student account.
as for this;
But since you seem so eager to give out financial advice, perhaps you would like to ensure it is correct first. I don't have a student account because I'm too old for one. Funding and student support is very different in Scotland for student nurses.
before you start looking to blame your employer for your budgetry failings you should ask yourself why somebody who is now undertaking a second degree level course of study has such poor skills in managing their money ?0 -
Regardless of the other circumstances I think it's wildly optimistic to expect to be paid just a couple of weeks after starting a new job. I've always budgeted for a first pay packet at the end of the month after my start date, so end of September for an August start.0
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