Late payment for 3 months

[Ninalinda]

Hi,
I've been working for a catering company for the past 2 years as a full-time worker. For the last 3 months i'm having problems with my wages which are not being paid into my account in the right day, every last day of the month.
In december they gave me no explanation why it happened, last month my HR manager told me it was his fault and this month he blamed the lady who works in the head office for the mistake.
When i do get paid they send me a cheque which takes at least 6 working days to get cleared into my account and i end up getting paid over one week after the right date.
I haven't received a correct payslip for these months either, and im really stressed with this situation.
Im off sick today and im having a terrible allergy due to stress because of this situation, there is no other explanation to that according to the doctor i went to in the E&A this morning.
So, i would like to ask if there is anything i could do to warn them about what's being happening. Tought about writing to them but don't know exactly what to say.
If you could help me i would be very grateful.
PS: Sorry about my poor english, but is a bit hard trying to explain the situation when you're note speaking your own language!

Thanks in advance for your help and i hope hearing from you soon.
Nina.

[freakyleaky]

I will flag this up for our resident expert on employment issues.

[Ell-enn]

Hi there, sorry for delay in replying.

My advice to you would be to write a grievance letter to your HR department as follows:

Dear.....

I am writing to you to advise you that I am unhappy with the way in which my salary has been paid over the last 3 months. I have not been paid on the due date in accordance with my terms and conditions of employment and the cheques I have been issued with have taken 6 days to clear which has adversely affected my personal finances.

Also, I have not been issued with payslips during this period which as you know I am entitled to under the Employment Rights Act 1996 as follows:

(1) An employee has the right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement.
(2) The statement shall contain particulars of—
(a) the gross amount of the wages or salary,
(b) the amounts of any variable, and (subject to section 9) any fixed, deductions from that gross amount and the purposes for which they are made,
(c) the net amount of wages or salary payable, and
(d) where different parts of the net amount are paid in different ways, the amount and method of payment of each part-payment.

Please advise me when this complaint has been investigated in line with the company grievance procedure and what steps you have taken to address the situation.

Yours sincerely,

Please keep us updated on your progress.

Kind Regards

Ell-enn

[diskmandave]

It might also be worth asking this HR manager for some form of payment out of petty cash to be repaid from cleared funds if their "mistakes" are going to be leaving you with no money or at the mercy of bank charges because of what is essentially their mistake.

Best wishes, Dave.

[Ninalinda]

Hi guys, thanks for helping me out with this issue.
I sent the email as you told me and my general manager got upset because i hadn't discussed it with him first, which is a lie, i asked each of them and after no viable response and not getting my money until today the 12th of March, i decided to write to the HR manager.
He said he wants to discuss my email content tomorrow morning with me and im scared he can do something like giving me a warning or whatever.
What i should tell him? I've already sent him an email responding the one he sent me with the complain saying i was not accusing anyone for the mistake but just asking what had happened with my wages.
Is that wrong? I have no right to do this?
Please, help me, i dont know what else to do.
Nina.

[cal37]

Nina,

You have ever right to ask what happened. You have every right to speak to HR. They have no reason to give you a warning, nor should they.

Do not worry,if you don`t like how the meeting is going, then call a halt to it right away.

[Ell-enn]

Nina, please be assured you are not in the wrong - you have every right to ask why your wages are not paid on time, and you are entitled to an explanation and assurance that the situation will be corrected.

When you go to the meeting, remember you are in the right - do not be intimidated, the law is on your side and your employer will know that. Put your case across slowly and calmly and then listen carefully to what your manager tells you. Before you go into the meeting write down the things you want to say or ask about. Then take notes of what the manager says.

I'm sure it will work out fine, they now know how this "error" has caused you hardship and worry and they need to do something about it. Do you have a colleague at work who could support you in the meeting?

Kind Regards

Ell-enn

[diskmandave]

It might also be an idea if you're not a member of a Trade Union to ask before the meeting begins if they mind a colleague sitting in with you.

That said, if you are a member of a Trade Union.... Now would be the time to be speaking to your Shop Steward or Full Time Official.

Best wishes, Dave.