any employment law experts in here?

[Sparky 371]

started work for a new company begining of may after a phone call from a guy who used to work for my previous company- he was an area manager

anyway comes payday- the 28th no pay-on the 27th when everyone else got paid- as it fell on a weekend

so to tuesday (yesterday ) still no pay so i makes phone calls - the guy who took me on has buggered off to thailand- so i calls head office and the finance guy there

anyway to cut a long story short i still aint been paid and they are playing pass the buck and i am getting pi**ed off now- having incurred bank charges

so where do i stand- i havnt signed a contract with them- it was being sorted blah blah

they know i have been working for them ( due to meeting one of the main men and phone calls emails etc

any suggestions?

ps looked on the net and they suggest CAB and and a letter of grievance
the guy who owns the company is apparently well travelled dodgy as they come

 

[m2287]

Speak to citizens advice or a solicitor I guess.. I know employment laws have changed a fair bit recently.

 

[abecketts]

i would echo the comment get some advice, you are potentially facing a loss situation.

 

[verytalldave]

Given your last sentence - and the fact you have nothing in writing - then I would say your chances of getting paid are less than even. Just an opinion of a contractor of over 35 years experience of dealing with slippery clients.

 

[John]

I would say HR or the Finance department is the place to focus attention on.

They should be at least paying you 60% of your wages, and sort the rest out later on.

The fact you have not signed a contract is immaterial as this can take up to 8 weeks to complete.

In effect you have started work and have every intention of signing the contract.

You should check out there isn't a 'cut off' date for payroll which you might have missed. If so, you should definitely be paid the subsequent. Unless they specifically said you would be paid this month, this might have always been the case.

If they said you were definitely going to be paid on the 28th (27th), you've every right to claim bank charges back etc.

If not, forget everything I just wrote as you are stuffed until next pay day.

You should contact your bank to let them know what is happening in any case.

 

[HR17]

Agree with above - stick with HR/Personnel, Finance etc. They should have a paper trail from you - P45/P46, NI Number, Bank details, new starter form etc. I'd be asking the same about cut-off dates for payroll and finding out if they can make one off payment for this month only. They may use an external payroll company which could cause delays as well - worth finding out. Also, if you have an offer letter, refer to it and send copies is necessary.

If you're a member of a trade union, get on to them.

 

[Sparky 371]

thanks guys for your advice

in the end i contacted ACAS and they gave me a proceedure to follow

i send an email/letter of grievance late thursday afternoon and friday at noon got a call asking me to confirm my bank details- 5 mins later bingo it dropped into my account

 

[stevieb15]

thanks guys for your advice

in the end i contacted ACAS and they gave me a proceedure to follow

i send an email/letter of grievance late thursday afternoon and friday at noon got a call asking me to confirm my bank details- 5 mins later bingo it dropped into my account

might be worth having a scan of sits vacant over the weekend....in my experience companies who pay late or try to avoid it invariably have few other scruples!

 

[Satch]

Glad you got it sorted but if you still do not have a contract of employment, keep pressing!

 

[John]

might be worth having a scan of sits vacant over the weekend....in my experience companies who pay late or try to avoid it invariably have few other scruples!

...and also as you've now raised a grievance so early on, your card will probably be 'marked'...

 

[jonnyboy]

I agree

 

[Dieselman]

...and also as you've now raised a grievance so early on, your card will probably be 'marked'...

It may also be marked with "Don't cross this Fella"...which is a good thing.

It is possible that the Company HR and payroll Depts just weren't very organised so payment was not setup.

 

[stevieb15]

It may also be marked with "Don't cross this Fella"...which is a good thing.

It is possible that the Company HR and payroll Depts just weren't very organised so payment was not setup.

quite so, but good companies just don't do that kind of thing!

 

[Dieselman]

quite so, but good companies just don't do that kind of thing!

Most companies get this sort of problem occasionally.

 

[janner]

...and also as you've now raised a grievance so early on, your card will probably be 'marked'...

Yup, not a smart move IMHO.

 

[st4]

Really,

I agree more with Will. I am in a similar boat re pressures to do unpaid overtime. I was asked to do a task and asked whether I was going to get ovetime. The reply "no but do it anyway". Its a 3hour task. I explained that and I wouldnt be doing it.

The bully boy boss has moved onto other victims, although I suspect I will not be the last. I since have been onto ACAS and they advised to do the overtime unpaid, then raise a greivance in writting re unpaid hours and take it from there. Get the union involved as well.

 

[jonnyboy]

From my perception there are a lot of people out there using the economic crisis as a general "shafting" point - employers, clients et al. They reckon that they have all the power.
I removed my guys from a job recently. 2nd day in and the client's husband had wheeled his barrow (well actually my barrow the cheeky sod) all over the newly laid flags, they were rocking all over the place. Initially denied it, then admitted it. We'd fit them in a small gap so it was a day wasted and of course the domino effect. When I told them I was charging 2 extra man days (which didn't really cover the lost time, I was being reasonable or so I thought) the hubby rang me saying that I should be grateful for the work, no extra £ etc etc, plenty people out there looking for work. I realised pretty quickly this 2 week job could turn into a non-payer so hoofed my boys out of there sharpish figuring I was better taking the 2 day loss. Managed to generate something to replace it too so not all bad. Since heard they've tried bad-mouthing me, unbelievable.

Back on topic, the OP is in a difficult position as he's jumped ship from elsewhere, and complaining in the first month, a disastrous start. But then again, they weren't that bothered about paying him.

Double-edged sword?

 

[Deleted member 37751]

Bang on the money there, John. ^^

Far too many cheeky bast@rds trying to rip genuine folk off, because of the 'economic climate'. I won't even enter that discussion about 'it's tough finding work'.

Find your own work and generate your own income!!!

 

[stevieb15]

Most companies get this sort of problem occasionally.

Not mine or any I've worked in over the last 38 years!
The very idea that you work and then have to chase payment is disgusting.
As I've already intimated, the OP needs to find somewhere else to work.

 

[Charles Morgan]

If it is a mistake, you have lost nothing by complaining. If they are hard assed nasties, best to find out now and look for another job. You have nothing to gain from working for people who don't pay you.