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Not getting paid by employer

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Tierbirdy
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PostPosted: 23:10 - 08 Oct 2016    Post subject: Not getting paid by employer Reply with quote

So Ive worked for a small (pretty much run by a single person) company for about 18 months, numerous other people who've worked for them have complained about not getting paid on time, this should have been my warning bell - but I never had an issue getting paid by them, maybe 1 day late at the most.

I worked my ass off, covering loads of shifts, and coming in on days off to cover other people going sick etc. Generally been model employee. Mostly because I was a money grabbing peasant so took on a ridiculous amount of work.

Past 2 months since I had the decency to tell boss Id be going part time (Its a 0 hours contract anyway, you "apply" for shifts from the list of events they need staffing) as Im starting to work full time at another job hes started fucking me about with pay.

Last month was just over a week late, and this month its 2 weeks late and still not been paid.

Pay is done by some stupid system paying you a month in arrears, so Im still waiting for August's pay which was supposed to be paid at the end of September. Im not holding out much hope for getting September's pay at the end of October.

Ive texted boss (he never answers calls anyway) which has gone from "Ill look into it", to weak excuses, to now being ignored.

My next scheduled shift is in a few days, Im considering texting him a few hours before shift starts (its a night shift) and telling him Im not coming in unless I get paid within the next few hours - but I dont particularly want to risk either being told Im definitely not getting paid, or getting paid and having to work a shift with him on his bad side. I'm at least attempting to stay on his good side til I get my money. As soon as I get paid its quitting time, theres no way Im staying even part time if this is how he treats people who fall from his grace.

TL;DR, boss is having a tantrum because I chose to work for a real career rather than a 0 hours contract, now owes me about £2500 and I want my money, what do?
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stinkwheel
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PostPosted: 00:05 - 09 Oct 2016    Post subject: Re: Not getting paid by employer Reply with quote

Tierbirdy wrote:
As soon as I get paid its quitting time, theres no way Im staying even part time if this is how he treats people who fall from his grace


This makes it easier because you're not trying to keep your job AND get paid.

First off. You need to decide if he's just being a spiteful dick or if his company is circling the drain.

If it's the former, I'd just go hard-ball on him. For one thing don't do it by text, do it in writing, proof of postage, keep copies. Formal greivance, letter before action then court.

If it's the latter, and the behaviour you describe is very like what happens when a business is about to be flushed, you could land up with fuck all. Probably best not to give him the oppertunity to owe you even more money but it could be that your labour is the difference between the business running or not. In that case, he should be prepared to make an arrangement with you (say paying you off so much a week rather than one lump sum if you promise to cover x number of hours).

Since you're ambivalent about the job anyway, you can afford to be forthright. Set up a meeting and hash it out with him. Threaten/cajole him as necessary to get hm into that meeting with just walking out (you can just leave, he's already in breach of contract) or court action.

The citizens advice will probably give you better advice but the above is how I'd handle your situation.

Incidentally, if it's a limited company, you ought to be able to view the accounts via companies house which makes it easier to decide if he's just dicking you about or circling the pan.
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hellkat
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PostPosted: 00:31 - 09 Oct 2016    Post subject: Reply with quote

Fuck that, I'd be eyeing up the chattels by now.

If it's a one man band and he's ignoring your calls, then he's almost certainly avoiding the calls of his creditors as well.
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Tierbirdy
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PostPosted: 07:37 - 09 Oct 2016    Post subject: Reply with quote

I feel relatively confident that the company isnt going bust, it has contracts with a lot of big name companies who I doubt would be late/not paying him. Unless of course hes just embezzling the fuck out of it. So Im pretty sure hes being a spiteful dick. I found them on Companies House but dont particularly fancy spending a tenner on him to look at the financial reports.

It is most definitely a one man band operation, problem with face to face meetings is he lives on (and runs the company from) the other side of the country almost, and Ive no doubt that if I did make an appointment for one he'd simply "forget" or "something came up" and Id turn up to an empty office.

The last employees who left him he went on a campaign of trying to convince people they were prostitutes because "thats the only way two young girls could make enough money to leave". Thats the kind of person I'm dealing with. Not exactly a rational or mature boss.
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Rogerborg
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PostPosted: 07:57 - 09 Oct 2016    Post subject: Reply with quote

First thing you do is to start looking for another job.

Then what stinkwheel and hellkat said.
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Tierbirdy
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PostPosted: 08:15 - 09 Oct 2016    Post subject: Reply with quote

Already got another job, thankfully... thats what seems to have triggered all this in the first place. All I want it to get my money and cut my ties.

Will pop round to local CAB when Ive got a day off next week and see what they can advise.

I think biggest problem here is its a dodgey one man company with some... dubious... business practices, whos acting like hes got impunity, and his employees are his own personal property.
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Itchy
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PostPosted: 08:18 - 09 Oct 2016    Post subject: Reply with quote

Tierbirdy wrote:


I think biggest problem here is its a dodgey one man company with some... dubious... business practices, whos acting like hes got impunity, and his employees are his own personal property.


He can because the law lets him do this. Tribunal? £1300 pls. Winding up petition (I've served one of these) £1700 pls.

Then when he loses voluntary liquidation company + debts die along with the company. One day after new Ltd company with a different name.
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Tracey Suntan-King
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PostPosted: 08:19 - 09 Oct 2016    Post subject: Reply with quote

You don't have to lay for company info, there's a Companies House beta version here

https://beta.companieshouse.gov.uk

Won't tell you much though as he's probably a small operator with abbreviated accounts, so there won't be much financial info but you'll get other info about him and any other directors.

Follow Stinkwheel's advice.
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iooi
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PostPosted: 08:37 - 09 Oct 2016    Post subject: Reply with quote

Tierbirdy wrote:
I feel relatively confident that the company isnt going bust, it has contracts with a lot of big name companies who I doubt would be late/not paying him.


Big companies can be some of the worst quick payers...

But the flip side is they don't like bad publicity.

So other than the above good advice.
Contact some of these companies and advice them that you are going to the press (social media campaign) as this company they are using is not paying their employees...
This gives them a few options. Either drop him, contact him to advice him that unless he cleans his act up, they will drop him. Or if they are slow payers speed things up as they risk the bad publicity as well..

To me it sounds like he is running hand to mouth at the moment and waiting for work, so he can get paid, to pay staff for previous jobs...
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Jewlio Rides Again LLB
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PostPosted: 19:36 - 09 Oct 2016    Post subject: Reply with quote

Agree, the worst account we have at work is with a national company, who have had their credit knocked down from 5 figures to the bottom end of 4 figures, simply because they never pay on 60 days, never mind 30.

In fact, they've even had to pay via credit card once or twice, including the surcharge we levy, because the only way to get them to pay is wait until they've been desperate and then hold them to ransom by demanding full settlement before they can have their stuff.
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stinkwheel
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PostPosted: 20:01 - 09 Oct 2016    Post subject: Reply with quote

Jewlio Rides Again wrote:
Agree, the worst account we have at work is with a national company, who have had their credit knocked down from 5 figures to the bottom end of 4 figures, simply because they never pay on 60 days, never mind 30.

In fact, they've even had to pay via credit card once or twice, including the surcharge we levy, because the only way to get them to pay is wait until they've been desperate and then hold them to ransom by demanding full settlement before they can have their stuff.


Agreed. Before he retired, I know for a fact that my Dad often sent an engineer into a site to remove essential parts from a piece of machinery that hadn't been paid for then sat back and waited for the phone call*.

We're not talking small fry either. He's had to do it to two companies who rank in the top 20 worldwide because they'd hit day 90 of a 30 day account.

*"Yes, I know they aren't working, I have the contactors on my desk in front of me. What, the whole site's come to a standstill? Yes, well that's because they are still mine, they're not yours until you pay for them. I'll send our engineer out to refit them right now providing you hand him a cheque at the gate.".
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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MarJay
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PostPosted: 08:02 - 10 Oct 2016    Post subject: Reply with quote

From an employment law point of view, withholding benefit is about the worst thing an employer can do. As Stinky says, you don't need to worry about keeping your job, and from what you say it sounds like he's being a d*ck because you look like you might be leaving rather than the company circling the drain.

From my point of view, I'd be playing hard ball now. People have responsibilities, and bills to pay and if their employer doesn't pay them, there is no real excuse to the employees creditors, so why should he provide any sort of excuse?
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Rogerborg
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PostPosted: 16:34 - 10 Oct 2016    Post subject: Reply with quote

Tierbirdy wrote:
Ive got a day off next week

Given what you've told us, I reckon that you're donating your time at the moment. If you have anything better to do, including being sick or "sick", I'd suggest indulging yourself.


Itchy wrote:
Then when he loses voluntary liquidation company + debts die along with the company. One day after new Ltd company with a different name.

Noobs. An ex employer literally[*] reversed its name, folded, then phoenixed the next day with the old name.

[*] Yes, in the literal sense.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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MCN
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PostPosted: 17:40 - 10 Oct 2016    Post subject: Reply with quote

Tits and then Gary.

Seriously as said above.
You can play cool and wait but the fat cunt knows you will wait. That is the problem.

Suck it up for another shift then drop the fuck in it with a client.
POisoning is what these arseholes need.

I worked for a herd of snakes in South Africa who drip fed me for a year. I couldn't leave as they still paid the rent on the house and if I left I was writing off a spunk load of dosh. The ypaid me just enough every othe rmonth to keep me think ing they were going to cough up.

They never did in the end.
It was a hard lesson in business.
I guarantee the fekir is relying on your good nature though.
Aye for sure he will have all the reason not to pay you but that just means he's a professional Shyster.
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Last edited by MCN on 17:52 - 10 Oct 2016; edited 1 time in total
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Ste
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PostPosted: 17:42 - 10 Oct 2016    Post subject: Reply with quote

Talk to CAB then go to an employment tribunal.
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Tierbirdy
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PostPosted: 20:00 - 10 Oct 2016    Post subject: Reply with quote

- Civil text to boss, read and ignored for 2 days now (thanks iMessanger for telling me when a message is received and read)
- Civil yet blunt email to boss, demanding to know why Ive not been paid, when I will be paid, and informing him I wont be working any more shifts until Im paid, ignored
- Letter saying pretty much the same thing posted
- Down CAB tomorrow

Ball is in his court now, lets see what he does. My bet is nothing, hes going to hope Im bluffing.

If he still ignores me, Ill start contacting clients and seeing what they have to say about it, though I feel slightly awkward about this as to me it seems like theyll likely say "not our problem" and hang up. Worth a shot though.
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Rogerborg
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PostPosted: 05:54 - 11 Oct 2016    Post subject: Re: Not getting paid by employer Reply with quote

stinkwheel wrote:
Formal greivance

Well, grievance. You have to use those words to get the clock ticking on a tribunal claim.

Last time I was paid late, I had the grievance in by the end of the day, and was out the door to a new job by Friday. Those who hung around and hoped for the best got royally screwed over. Up to you.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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Tierbirdy
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PostPosted: 08:49 - 11 Oct 2016    Post subject: Reply with quote

My new job started 3 weeks ago, so Im not hanging around and theyve paid me so Im not desperate for money, thankfully. But of course thats besides the point.

Ive just been picking up the odd shift in my spare time for old company. Due to their stupid paid in arrears thing (probably so they can pull shenanigans just like this scenario) its August and the first few weeks of September's wages I need, when I was working for them full time. I'm not doing any more work for them, I just want what Im owed.

CAB recommended basically just doing what ACAS and you lot have said, so formal grievance going in today as well.
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Rogerborg
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PostPosted: 09:13 - 11 Oct 2016    Post subject: Reply with quote

Ah, right, fair enough. Best of luck.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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Tierbirdy
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PostPosted: 09:05 - 12 Oct 2016    Post subject: Reply with quote

Well, round 1 to me.

Under threat of being taken to tribunal hes paid up, of course I have no doubt that in 2 weeks when October's payday rolls around I'll have to go through this performance all over again.

At least this confirms he was being a dick and wouldn't pay rather than couldn't pay.
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Rogerborg
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PostPosted: 09:55 - 12 Oct 2016    Post subject: Reply with quote

Nice one. Thumbs Up Well, you'll know to go in mob handed and not bother with "please" next time.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
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ride_to_die
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PostPosted: 10:01 - 13 Oct 2016    Post subject: Reply with quote

Glad you got some monies. Is there nothing valuable you can take in lieu of monies?
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