Unpaid notice

[kfreckles]

Hi, I've been working for my company for 10 months. I never got round to signing contracts, however it was verbally agreed that it was a permanent position after a 6 month probation period.

The company is small and struggling financially. They told me at the end of Jan that I had to leave and they agreed to pay me for February (i.e. months notice pay), even though I would be at home looking for a job (I agreed to do any work they sent me if need be - but they never sent any).

I haven't been paid for February as agreed.

I have contacted them and they say they are struggling for money and haven't paid anyones wages and wont be doing so until sometime in March. I feel they are trying to get out of paying me.

Questions:
1) What can I do if they don't pay me?
2) I don't have a contract and I know I'm entitled to at least one weeks notice pay, however I think that all other members of staff contracts would probably say that they are entitled to one months notice pay. Would I therefore be able to say that I should be entitled to the same - otherwise it would be discrimination?
3) How do I pay my mortgage and bills, when I'm not entitled to any benefits and I have no savings and my overdraft is maxed out?

[freakyleaky]

I will flag this up for someone with experience in this area to take a look.

[Ell-enn]

Hi there, I'm sorry to hear about your situation. Did you get anything in writing from your employer when they terminated your contract? also when you got the job did you get an offer letter advising what your salary would be etc?

Kind Regards

Ell-enn

[kfreckles]

No I didn't get anything in writing other than my monthly pay slip. I got the full-time/permanent position through a recruitment agency. However I had to pretend to the agency that I didn't get the job because they the company didn't want to pay the agency their fee. So I can't even contact them for info.

I finally got a response from my boss saying the company is going through insolvency talks, but it's not final. They are hoping that their solicitor can negotiate with the inland revenue to let them continue trading so that they can bring money in to pay the tax bill and wages etc...He said some of the staff are still turning in to work, but no one has been paid?

[kfreckles]

There are now insolvency talks going on.............any help would be REALLY appreciated?

[Ell-enn]

You need to send a letter to your employer (by recorded delivery) stating what you are owed and giving him 7 days to pay or you will instigate action in the small claims court. If he isn't able to pay you he will have to pass your letter to the insolvency administrator who will add you to the list of creditors.

Has your employer given you a P45?

Kind Regards

Ell-enn

[kfreckles]

No I haven't received a p45.