Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder TMAngel Novitiate



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    Default Delayed payment of final salary

    Just some advice please.

    I was asked to return to a previous employer in July in a managerial capacity(recruitment sector). Brief overview of what's happened:

    14th December they told me no longer able to sustain my salary and wanted to instead offer me a home based role with a near 50% cut on my basic salary but a higher commission. They offered me two options of either 18k and 25% or 20k and 25%.

    Obviously I was shocked and upset as didn't have any warnings, but they said they wanted to close down my department as not profitable enough but didn't want to lose me. I was then on holiday for a few days so they told me to go away and think about the options. During that meeting I was told the new role would start from 2 January but my salary wouldn't reduce until 1 Feb.

    Returned to work on 19th December, met with one of the Directoes. We sat down for over an hour, discussing how it would work. Said he would get new contract and order laptop, home phone line etc.

    On 20th December two Directors walked into my office and said they had now decided in my best interests to terminate my contract and would give me 6 weeks notice instead of 4 and pay until end of January. Literally had to pack up and put on garden leave.

    On 21st December I emailed for a breakdown of my final salary, commission and holiday payment and got no reply.

    6th January receive an email from one of the Directors saying that due to cash flow problems my outstanding money will now not be paid until end of March!

    So my question is, I'm still employed until end of January, can they withhold my salary? My friend still works there and hasn't heard about anyone else not getting paid. What's happens to P45 as if I start a new job I'll be emergency taxed? Can I claim for interest for late payment? It's left me in trouble financially now as I'm still to find a new job and won't have any money coming in at all in January


  2. #2
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    Default Re: Delayed payment of final salary

    There is very little that you can do until payment is overdue; and at that point you first have to serve a letter before actionicon and give them time to pay. Probably worth doing, just so that it is done, but it won't get you your money much faster, if any faster at all.

    If that doesn't get you payment then you must take legal action - through either an Employment Tribunal (free) or a county courticon (a small fee which you can add to the costs). Of course, if they are genuinely going belly up you may never see any money at all.

    You can claim anything you like, provided you don't expect to see it! If you have actual quantifiable losses (such as bank charges) then you can take them to court to recover the costs (or add them to your claim). Technically, you should get them, but I wouldn't hold my breath...


  3. #3
    Basic Account Holder TMAngel Novitiate



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    Default Re: Delayed payment of final salary

    Hi, does it make any difference if I know all other employees are still being paid on time? My friend still works there and nobody else has been given letters stating delayed salary

    Is that breach of contract, discrimination etc as I'm still technically employed?


  4. #4
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    Default Re: Delayed payment of final salary

    with regard to discrimination,
    are you the only female working for them in a similar capacity?

    Contract wont be breached until they fail to pay you on 31st Jan unless they failed to pay you in Dec as normal.

    I would get a lbaicon/PAP letter in on the 1st feb because I dont believe that your employer is telling the truth (not that it matters) and the thought of having to spend time and money defending a claim they know they are going to lose will make them decide they should pay up rather than fight an unwinnable battle.
    I hope that you are looking for another job


  5. #5
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    Default Re: Delayed payment of final salary

    I agree. And it wouldn't be discrimination even if you were the only female/ disabled/ gay/ whatever person. It would only be discrimination if the reason you aren't being paid is because you're female etc.

    I wouldn't read anything into what other people have been told or not told. They haven't yet been paid either! The fact they are expecting to be paid doesn't mean they will be. And no employer drops the existing staff a memo saying "by the way, we're shoddy of money so we may not be paying you this month, or possibly next month if we can judge the figures this month" - there isn't a faster way to go out of business!


  6. #6
    Basic Account Holder TMAngel Novitiate



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    Default Re: Delayed payment of final salary

    Thanks for all the replies and advice.

    I spoke to acas who informed me it may be best to try and reach an agreement for payment. I have emailed saying I understand their situation but they must also appreciate that by not paying my money this month it will lead to financial hardship as I have monthly commitments etc. I have asked for a mutual agreement to try and get some money paid in January.

    Acas said this would look good for me if I ended up going to tribunal, looks like I've tried to compromise and be understanding. But they are in breach of contract too if they don't pay this month.

    Will see what they come back with, if I don't get a response I can then send another letter stating what action will be taken on 1 February, before starting tribunal proceedings on that date.


  7. #7
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    Default Re: Delayed payment of final salary

    Personally I would use small claimsicon procedure as it is foolproof wheras the ET takes longer and you have to get the paperwork exactly right.

    Now ET will cost you nowt and the county courticon has a fee to pay
    but you get that back along with your claim when you win.

    As the money owed will be more than 650 you can use a high court enforcemet officer to collect if they dont pay up in the allotted time.

    That will add another 75 minimum on their bill.


  8. #8
    Basic Account Holder TMAngel Novitiate



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    Default

    Hi, can I use small claimsicon if they are saying they intend to honour the payment but it will be end of March not end of January, which is when it should be paid?


  9. #9
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    Default Re: Delayed payment of final salary

    Quote Originally Posted by TMAngel View Post
    Hi, can I use small claimsicon if they are saying they intend to honour the payment but it will be end of March not end of January, which is when it should be paid?
    Correct.
    it will take time and they may have paid by then.

    In which case your fee is up the swanee.

    Note tribunals are free,
    you go via that because the obligatory ACAS meditation usually shakes free the issues,
    and if they can pay, they probably will.

    If they can't, well that is true whichever route you take.
    Enforcement is the same for either court.


  10. #10
    Basic Account Holder TMAngel Novitiate



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    Default Re: Delayed payment of final salary

    Thanks everyone, I shall probably have to go down the ET route as won't have money for the small claims fees.

    Its now been a week since I replied to my employers email, where I acknowledged their money issues and asked if we can reach an agreement but I've not even had an acknowledgement/response from them. Shall I make contact again to try and get an agreement or shall I just sit tight now and wait for them not to pay me on the 28th and then go straight in with the lbaicon and ET process?

    Could really do with getting some to pay this months bills but can't see it happening if they can't even be professional enough to respond to me.


  11. #11
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    Default Re: Delayed payment of final salary

    If you were due to be paid in Dec and werent then you go stright to an ET1 claim. No point mucking about. No need for lbaicon because you arent suing them in the county courticon. As said above, ACAS will be in touch with them to see wehat it is all about and hopefully once they realise that you are going to get them money as long as they exist as a company then they will likely settle


  12. #12
    Basic Account Holder TMAngel Novitiate



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    Default Re: Delayed payment of final salary

    They paid me in December but my final pay is due on/by 28th Jan (should be Friday 26th). So if I'm going ET route via ACAS I don't need to do an lbaicon and just go straight to ET1 Claim on 29th January?


  13. #13
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    Follow Real_CAG on Twitter
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    Default Re: Delayed payment of final salary

    then be ready to submit a form on the 1st feb, dont lose out because you jumped the gun.



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