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Old 28-04-06, 08:39 AM   #1
Anonymous
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Default Not been paid - refuse to work!?!?

Right, last month the company hit some bad times and they didnt pay the account managers. After a little uprising, they secured some cash and paid them, albeit late.

Now today is payday and surprise surprise.. we havnt been paid. Not only have the account managers not been paid, but nor have ANY of the staff, myself including.

Checked with the bank, and they said that even if it was due to go in monday/tuesday, it would appear on the system today, but it isnt there. Suggesting that it hasnt been keyed into BACS systems.

If they dont key it in by 12 noon today, the earliest we will get paid is next Thursday/Friday.

Now ive got a couple hundred left, but not enuf to last me another week. Especially not with bills and rent being due in the next 4 days.

Just wondering where we stand legally on this. Am i correct in thinking that it is Breach of Contract? We have signed contracts to say they will pay us on the last working day of each month. They have failed to do that twice running (although its only this time that is has in fact affected me).

Advice please?

God i picked a crappy week to quit smoking.....
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Old 28-04-06, 08:46 AM   #2
andy
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What a ****er.

Legal - yes they are in breach, but at the moment your biggest concern is getting some cash, not taking them to court.

Refusing to work is not going to help the situation, but I understand why you want to take this route.

You need to assess the situation, if the co is likely to recover and pay soon then sit it out.

If not, then just get another job ASAP, the longer you leave it the worse it will get........

Hope this helps.

PS - if you need a fiver for a pack of fags, give me a shout
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Old 28-04-06, 08:49 AM   #3
Cloggsy
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Sounds to me like you need to look elsewhere for employment - sounds like they could be in trouble to me...
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Old 28-04-06, 09:05 AM   #4
tomjones2
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Definatley sound like time to jump ship, like people said not working isn't going to help you get paid but what else can you do.

Horrible catch 22 hope u find a way through it
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Old 28-04-06, 09:10 AM   #5
Terence
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Sorry to hear about your predicament

If they're not paying because they genuinely don't have the money then going on strike isn't going to help them get the money to pay. In my experience, companies generally try very hard to pay wages and it's only as a desperate last resort that salaries aren't paid... which probably means that your company is broke.


- Do you have a mate in Accounts? Try find out if the BACS run went and if not if/when it might go.
- Does the company have any prospects for good deals coming up to lift it out of the poo? It might be worthwhile toughing it out. Management may remember who was loyal when things pick up again
- How easily could you get sorted with a new job?

If the answers to he above are "No", "No" and "Easily" then it's maybe time to cut your losses.

Hope this helps

Good luck
Terence
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Old 28-04-06, 09:11 AM   #6
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Do you think we could get funding from the Citizens Advice Bureau for Idle Banter and GYKD?
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Old 28-04-06, 09:17 AM   #7
RenamedMonkey
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Have you tried asking someone when you'll be paid?
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Old 28-04-06, 09:17 AM   #8
timwilky
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Oh dear, I hope things work out for you Joe.

I once worked for an insolvent employer and when you suddenly get statutory minimum instead of a months pay it is not nice. Even worse if you then try to claim benefits they tell you that you have just had a months pay come back in 4 weeks and do not listen to the argument that the money you got was for the past month not the current one etc. At least if weekly paid you are only one week out of pocket when this sort of poo happens.

Over Easter my brother hit reverse problems. He pays his staff on a Friday and does the transactions using telephone banking on a Tuesday evening. They failed to tell him that because of the bank holidays good Friday and Easter Monday that his staff would not get their pay until the following Tuesday.

On the Friday he was told that nobody had been payed. So he personally took what cash he could get on his ATM cards and went round to each person and gave them £300 to tied them over with the understanding he wanted the money come Tuesday.

Guess what 2 couldn't pay, boy did they get a surprise when their pay the following Friday was £300 light.
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Old 28-04-06, 09:19 AM   #9
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Quote:
Originally Posted by Terence
Sorry to hear about your predicament

If they're not paying because they genuinely don't have the money then going on strike isn't going to help them get the money to pay. In my experience, companies generally try very hard to pay wages and it's only as a desperate last resort that salaries aren't paid... which probably means that your company is broke.


- Do you have a mate in Accounts? Try find out if the BACS run went and if not if/when it might go.
- Does the company have any prospects for good deals coming up to lift it out of the poo? It might be worthwhile toughing it out. Management may remember who was loyal when things pick up again
- How easily could you get sorted with a new job?

If the answers to he above are "No", "No" and "Easily" then it's maybe time to cut your losses.

Hope this helps

Good luck
Terence
I beleive payroll is outsourced to a TP payroll company, our FOD (Finance and Operations Director) instructs them as to amounts and they pay it through BACS. So i cant really find out if BACS was keyed or not. But the bank has said that there is nothing in the pipeline for as far as they can see.

We have a few deals working on and they will come to fruition shortly, but thats not really here nor there. I need money. I need it now. I got bills to pay etc.

Yeah i could get another job fairly easily, but its the salary which is the issue. If i wanted to get this salary again (which obviously i do), id have to relocate to Manchester or somewhere, as the wages just arent available in York for my age/experience (i earn 8k above average salary).

So i could get a job fairly easily, but to get a decent one, it would take serious planning.
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Old 28-04-06, 09:25 AM   #10
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Quote:
Originally Posted by getyerkneedown
Yeah i could get another job fairly easily, but its the salary which is the issue. If i wanted to get this salary again (which obviously i do), id have to relocate to Manchester or somewhere, as the wages just arent available in York for my age/experience (i earn 8k above average salary).

So i could get a job fairly easily, but to get a decent one, it would take serious planning.
Sounds like your not getting that salary at the moment anyway. No point having a nice salary if it's not coming through to pay the bills. You could end up spending more on overdraft/late payment fees if it gets out of hand.
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