Where Do I Stand?

[Norfolk n Chance]

I've been working at an Accountancy firm for the past 12 months. Job's good, people are great but..... 3 of my last 5 paychecks have bounced and as yet i have not been paid for last month!

I got varying excuses/promises from my boss as to when i would get paid but now he's not returning any of my calls/emails/texts.

Me and my colleagues have refused to work for the last 2 weeks until we are paid and it now looks like we never will be!

My boss's last advice to my colleagues was to go temping for a bit.

Where do i stand, legally speaking, at being able to claim my wages, expenses and bank charges incurred due to not being paid?

Although i'm still under contract i'm having to try and find some temp work to keep some cash coming in.

Don't fancy having my home re-posessed due to my boss not paying!

Any advice would be much appreciated!

P.S. If any body's got any work going let me know!!!!!!!

[GIDDLEPIN]

That's awful Gaz :(

I don't know where you stand but I would be removing saleable items from the premises to compensate

[Parts-King]

You need the advice of the CAB or a lawyer, not the advice of a car forum. Sorry to hear about your plight but you MUST get proper advice Kingo :thumbsup

[Jimlad]

Yeah mate, I would goto CAB and see what they have to offer. Cheeky bugger though, not paying you!!

[Norfolk n Chance]

My solicitor's been in court the past few days so i've not managed to get hold of her yet.

Just thought i'd see if we had any on here!!

[Hou]

we have some temping work going at our place mate but its just general finance admin and dont think it pays brilliantly but i can always check it out for you?

[tucka]

yeah get the law involved dude, if your on a contract i would check what it states, and then take him to a small claims court! but you should get your money back what he owes you,he wont have a leg to stand on!

[Norfolk n Chance]

Well, spoken to my solicitor.

Have to start greviance procedures first. I'll have to write to him at his home address mind as there's no-one in the office!

I have to set out why i'm unhappy (shouldn't be too hard!) and give him 14 days to respond.

If then there's no response, court here we come!!

Doesn't help in the short term though!

[Demonic Angel]

No advice really, just to say I'm sorry to hear of your problems Gaz and I seriously hope you get it sorted soon mate! Unfortunately this is one thing I can't fix!

On a by note, if you're looking for temp work, try Reed - they're really good for temp jobs and the site itself lists all sorts of work

Good luck :)

[Norfolk n Chance]

Something Em can't fix??

I'm f :censor: !!

;)

[Demonic Angel]

Well I could fix it but I might end up in jail :lol:

[Hou]

Reed are sneaky, they heard that one of the people on their books was coming for an interview at our place via a difference agency, so rang us to offer us other people that are better then her

[Norfolk n Chance]

Just found out through one of my colleagues....

My P45's on my desk.

:o

[Hou]

mate, thats not good

ill ask tomoz about that temp job, even if its just to put you on

[Pompey Gaz]

Just found out through one of my colleagues....

My P45's on my desk.

:o

Any reason Gaz? Thats proper rubbish :censor:

[martin_longbow]

Where to start.

HR law changes have come into force recently that deem an employee with 12 months service has the protection previously only available to employees with 24 months service. That is a basic entitlement to notice of anything, restructuring, payoffs redundancies etc. The onus is on the employer to demonstrate that this practice has been followed. Your lawyer (as they should be) has started at the right place, setting out your grievances and seeking a response. if your P45 is on your desk this is not in line with any HR law that is applicable unless you have been taken through a redundancy process, restructure process, or a grievance process resulting in your leaving. You are entitles to notice and redundancy pay, or if you have been sacked you are entitles to have followed the process and have the right of appeal. Where you have not received this you will have a case to put to a tribunal. You wont have to go to court initially, just a tribunal, which is in your favour.

Now it sounds more like the firm is having cash flow difficulties, and if that is the case and you are owed money and they go into liquidation then you will have to rank as a creditor with the appointed liquidator who follow a process, where if this is the case you are not likely to get much of a return as even as an employee the old tax man ranks before you (I think)

Your best hope is that the firm is a going concern, at least this way when you finally get the information from your employer about what has happened you can take them to tribunal. YOU SHOULD TAKE THEM TO TRIBUNAL. Any going concern will likely have insurance, even if not the tribunal works for you. You submit to them your grievances and they consider if you have a case, easy! If you have a case the tribunal will lead the process, call the employer before it. They have clear powers and will award you money (what you are owed and some form of compensation by the sound of it) and any additional fine they may chose to place on the employer or an additional award. If they are insured their insurance company will probably take over the process and offer you a quick and cheap settlement, if not they tribunal will simply rule, if you are due monies they will award it.

The tribunal is there to protect your statutory rights. They work in your favour and you can ask them for a rulling for free I think. If they call the employer, and somehow do not award you monies you will not have to pay costs. You have almost no financial risk and lots to gain. Go to tribunal, search the web, look for employment tribunals, and start researching

[JappyBeast]

Hope it gets sorted Gaz, I know someone who works for Motormania and it went bust so they took their wages out of the till!!!

[vmail]

Well I could fix it but I might end up in jail :lol:

em in handcuffs, kinky

[Parts-King]

Taxman has first cut of anything left, followed by banks, loans etc. If it goes down that route, there wont be much left in the pot, considering he cant pay you right now! Good luck anyway. Kingo

[Norfolk n Chance]

Where to start.

HR law changes have come into force recently that deem an employee with 12 months service has the protection previously only available to employees with 24 months service. That is a basic entitlement to notice of anything, restructuring, payoffs redundancies etc. The onus is on the employer to demonstrate that this practice has been followed. Your lawyer (as they should be) has started at the right place, setting out your grievances and seeking a response. if your P45 is on your desk this is not in line with any HR law that is applicable unless you have been taken through a redundancy process, restructure process, or a grievance process resulting in your leaving. You are entitles to notice and redundancy pay, or if you have been sacked you are entitles to have followed the process and have the right of appeal. Where you have not received this you will have a case to put to a tribunal. You wont have to go to court initially, just a tribunal, which is in your favour.

Now it sounds more like the firm is having cash flow difficulties, and if that is the case and you are owed money and they go into liquidation then you will have to rank as a creditor with the appointed liquidator who follow a process, where if this is the case you are not likely to get much of a return as even as an employee the old tax man ranks before you (I think)

Your best hope is that the firm is a going concern, at least this way when you finally get the information from your employer about what has happened you can take them to tribunal. YOU SHOULD TAKE THEM TO TRIBUNAL. Any going concern will likely have insurance, even if not the tribunal works for you. You submit to them your grievances and they consider if you have a case, easy! If you have a case the tribunal will lead the process, call the employer before it. They have clear powers and will award you money (what you are owed and some form of compensation by the sound of it) and any additional fine they may chose to place on the employer or an additional award. If they are insured their insurance company will probably take over the process and offer you a quick and cheap settlement, if not they tribunal will simply rule, if you are due monies they will award it.

The tribunal is there to protect your statutory rights. They work in your favour and you can ask them for a rulling for free I think. If they call the employer, and somehow do not award you monies you will not have to pay costs. You have almost no financial risk and lots to gain. Go to tribunal, search the web, look for employment tribunals, and start researching

Cheers bud!

[Norfolk n Chance]

Slightly confused, my P45 says my leaving date was 30th June.

But i got a wage slip for July?!

[Demonic Angel]

Sounds mega fishy to me....

I would leave it with your solicitor and arrange some temp work in the meantime while they sort out your owed back pay...

By putting your leaving date as June it looks like they are trying to get out of paying you 2 months money thats rightfully yours!

[martin_longbow]

Slightly confused, my P45 says my leaving date was 30th June.

But i got a wage slip for July?!

Yep that is a bit stinky to say the least, this may not be the best immediate news but looks like your are finished there. This will be very useful at tribunal, including the methods of communication, ie how did they give you the p45 and how did they tell you. They are stuffed, and in the long term there is very likely something for you but this will not help right now with the bank etc.

All the best

[Norfolk n Chance]

Well, little update folks.

Found out last night from my colleague that the firm has been placed into administration.

:censor:

[chatman]

Well, little update folks.

Found out last night from my colleague that the firm has been placed into administration.

:censor:

Sad news....Once the administrators are in you have two hopes...and one is white with a stamp...

Sorry m8.....