Unpaid Wages: Correct process

[jessicax]

Hello

 

I'm a bit confused about the correct process to follow when resigning because you haven't been paid wages in two months (although all other staff have and you know this because you process and pay monthly salaries).

 

I intend to get the money back through the employment tribunal therefore want to ensure that I get it right.

 

My reading is that I need to:

1. Send a resignation letter which clearly states that I feel I have no choice but to resign with immediate effect. (i.e. constructive dismissal?)

 

He (my boss) did give me a che1ue for the first unpaid period on THursday, but at quarter past three (banks closed at half three) - he told me to go to the bank of another employees first as this had to be processed that day and repeated that I was not to go to my bank until I had deposited money in his account too - that employee is not in arrears, it is only me. The clear inference being that I, despite having been unpaid since late January payment (11th February), am in no way important or a priority. Do I need to state this as 'last straw'. The company has been a little short on cash but only because, for e.g. he tsf electronically at least 1k/week to himself and takes the cash from teh till (and again I know this because I do the accounts but it is - outside of being unpaid - possibly none of my business - it is his company)

 

Does the letter constitute a step 1 letter?

 

I need help desperately as from my reading, I would compromise my position if I did go into work just to wait until the cheque cleared. I'm expected at the office in the morning - should I call in sick.

 

Any and all help gratefully appreciated.

[Bigredbus]

Hello

 

I'm a bit confused about the correct process to follow when resigning because you haven't been paid wages in two months (although all other staff have and you know this because you process and pay monthly salaries).

 

I intend to get the money back through the employment tribunal therefore want to ensure that I get it right.

 

My reading is that I need to:

1. Send a resignation letter which clearly states that I feel I have no choice but to resign with immediate effect. (i.e. constructive dismissal?)

 

He (my boss) did give me a che1ue [cheque] for the first unpaid period on THursday, but at quarter past three (banks closed at half three) - he told me to go to the bank of another employees first as this had to be processed that day and repeated that I was not to go to my bank until I had deposited money in his account too - that employee is not in arrears, it is only me. The clear inference being that I, despite having been unpaid since late January payment (11th February), am in no way important or a priority. Do I need to state this as 'last straw'. The company has been a little short on cash but only because, for e.g. he tsf electronically at least 1k/week to himself and takes the cash from teh till (and again I know this because I do the accounts but it is - outside of being unpaid - possibly none of my business - it is his company)

 

Does the letter constitute a step 1 letter?

 

I need help desperately as from my reading, I would compromise my position if I did go into work just to wait until the cheque cleared. I'm expected at the office in the morning - should I call in sick.

 

Any and all help gratefully appreciated.

 

He gave you a cheque for the first unpaid period...

 

Does the amount on the cheque cover the entire period?

 

How long have you been working for your employer?

[elpulpo]

Have you expressed a formal grievance about the non payment of wages?

[jessicax]

Thanks everyone for responding.

 

I've worked for the company around one year now although there is previous history with an entity that went into liquidation. For the last six months he has paid everyone on time and me late - getting progressively later but usually before the middle of the next month. However he has not paid me for February and March except:

 

Payment for February was given to me in the cheque I refer to in initial correspondence. I need this cheque to clear as financially things are very tight. I do not believe that he will start paying me on time as his attitude seems to be - it doesn't matter for this employee. I do believe that he has breached contract and that there is no way I can trust him not to land me in this situation again.

 

I have not initiated a grievance partly because I don't think I can do both (leave because of breach of contract and initiate grievance, save for instigating a tribunal hearing in order to recoup money by sending letter - step 1 - giving 28 days to respond?). I cannot afford to work and not get paid and therefore feel I have no option but to resign.

 

Many thanks,

[Bigredbus]

a) you worked there around a year... more than a year or less than a year?

 

b) do you hold proof of staff being paid on time and you late?

[jessicax]

all in all its over a year.

 

yes. i do have proof that everyone else was paid for the last two months, as usual, but i was not.