New Employer 'can't afford to pay me'!

[LaughingGirl]

I wasn't going to post about this (because I'm pretty sure I know what the answer will be), but I'm getting it from all sides so I'll ask anyway.

 

I've been working for my new employer for the last month, it's a position I had major reservations about taking but had no choice in the matter because a JCP adviser found it for me. I was supposed to get paid yesterday, that didn't happen. After a lot of pushing on my part, I got an email last night saying that they hadn't paid me because they had incorrect bank details, however, they would get a payment to me straight away (so clearly they did have the right details). At 10.30-ish last night, £250 materialised in my bank - definitely not a month's wage. This morning, a very senior member of personnel rather bluntly told me that I hadn't been paid because they've had a rough month and they don't have the money - I might get the rest tomorrow or Monday.

 

I'm not even going to go into the havoc and arguments this has caused, nor the fact that I've had to have a conversation with my letting agent where I inform them I'm onto the second employer in a year who doesn't pay on time, thus making my rent late.

 

I know I have zero rights as an employee, and I know that it's just a question of finding another job, preferably quickly. What I want to know is, if they don't pay me the rest of my wage (and I have reason to think that they won't), at what point am I allowed to leave and sign back on? Is that even possible or will they just say that I left voluntarily so I'm not entitled? It's all very well, but I can't live on thin air.

 

It's incredible, I'm actually working late tonight to try to claw some money in for them so I can get paid, but the thought that I've just worked for a month for £250 is making the steam come out of my ears!!

[BRIGADIER2JCS]

Glad you've posted that LG after our converasation earlier, anyone desperately looking for work should look very carefully at the way the employer work, tele sales particularly in media/advertising are fraught with the ''wide boys.''

[honeybee13]

Hello there Laughing Girl, I'm sorry to hear you're having problems.

 

You say the JCP found you this? I wonder if anyone has experience of this or whether one of our DWP people can shed any light on what you might do.

 

My best, HB

[Guest]

Yes I think the JCP should be told, if they are finding people jobs like this and sanctioning if not taken then it needs to be looked at.

[LaughingGirl]

Glad you've posted that LG after our converasation earlier, anyone desperately looking for work should look very carefully at the way the employer work, tele sales particularly in media/advertising are fraught with the ''wide boys.''

 

Problem is Brig, we don't always get a choice - it was this or a sanction, and the JCP knew I had the job before I did. I have zero Telesales background, all my 'selling' experience comes from Business 2 Business warm leads and doing tenders and PQQ's...I'll never see a bonus from this as long as I live, because I'm utterly crap at it!

 

So fed up right now...surely the JCP have to understand that if I go another month at this and don't get paid again, it's going to be ruinous for us?

[BRIGADIER2JCS]

I understand some of the lads and lassies from the military who have been made redundant have suffered in the same way, it's so wrong to force people into jobs that they have no interest in and no experience of just to get them off ''the books''.

The JCP staff should be looking to utilise skills and training to place people in jobs that suit them not advisor.

[antone]

If you leave a job voluntarily and then claim JSA, the matter is referred to the Decision Makers and each case is decided on its merits - you would be able to put your own case to the DM. I'd say that "not being paid for work" is a pretty decent reason to leave a job, but bear in mind that we can't say how any DM will rule in any particular case.

 

Whatever you decide to do, I'd be tempted to bring this to the attention of the Jobcentre - people should not be coerced into taking jobs with employers who regard paying their staff as an optional expense.

[LaughingGirl]

I've emailed the adviser who found me the job...as they're still advertising for staff, I think it's essential that nobody else is put in this position.

 

I'll give it some thought over night whether I still intend to be there on Monday...I still have steam coming out of my ears at the minute, so it's a bad time to make a decision I think.

 

Thanks for your advice, folks - it's much appreciated.

[Nystagmite]

I was going to suggest talking to ACAS; but this seems to be more of a benefit issue than employment?

[honeybee13]

LG, you're probably doing this, but make sure you keep anything that you receive in writing from the employer. Nasty people.

 

HB

[RaeUK]

That is not good, LG. It's a shame there's no redress with JCP as they forced you to take the position under duress and hold some culpability in your distress.

[flumps1976]

Sorry to hear your predicament Laughing Girl.

I'm not an advisor as you already know but Antone is correct your would have an opportunity to give your reasons if you did decide to leave your current employment.

I only know that when vacancies are place the DWP can only take the employers word that the advertisment that is placed is correct however I would seriously be taking the rout of a formal complaint regarding the employer for the Employer Adviser team who now deal with vacancies etc within the DWP/JCP.

This team are not responsible for placing the job adverts as it is the companies themselves who place and monitor the vacancies and also the site is run by Monster on behalf of the DWP.

However the employers can, will and are taken to task over the vacancies if found to be false, misleading etc.

[LaughingGirl]

This was never on any site Flumps. It was emailed to my adviser by an adviser in another branch of the JCP. She then sent it on to me, telling me that I need to apply for it.

 

Thanks again, folks. Just being able to let off a bit of steam has helped. I'll give it until Monday night for the rest of the money to appear, then make a final decision on whether or not to work my notice or just run screaming for the hills!

[flumps1976]

Oh so you were "matched" to a vacancy, was that from LMS or from another source?

How long had you been claiming and how close was the vacancy description to your job seekers agreement at that time?

[estellyn]

Smells of a dodgy scheme to me - get employees to work for as long as you can, hire only people on JSA, knowing the fears of being sanctioned for leaving the job. Cream off what you would have paid them for your own profits. Has anyone else been paid, or is only the newbies they're shorting? Terrible situation to be in.

 

I remember an employer I had when I was about 20 who would give you your last cheque when you left their employ, and then cancel it - of course you didn't find that out till after you leave, and then it turns out they'd done it before.

[LaughingGirl]

It's been a somewhat alarming morning.

 

I've had a phone call from a current colleague telling me not to walk out of the job or give any indication that I might leave before I physically see the money hit my bank, as everyone who has left due to non-payment in the past has had to take them to Tribunal to get what they are owed. She also told me that she has only been paid on time twice in eight months, including her Christmas payment which was due on 19th not hitting her account until 24th December at 3.30pm. She's currently saying that if she doesn't see the money in her bank by 2.30pm today, she will be calling them and telling them she won't be returning to work until it arrives, although I'm not convinced that someone who has taken late payment as acceptable for the last eight months will really do something like that. I've been given some other information which I'm not sure it's sensible to go into detail about here, which has set off the alarm bells in a big way.

 

I'm aware that people are very angry at the minute (as am I!), and angry people have a tendency to exaggerate. Is there any way I can check to see if the claim about multiple Tribunals is true?

 

EDIT: Registry Trust - I've now checked, but there's nothing registered...I'm not sure this means anything though, because after further conversation it turns out that they paid the employees as soon as they could after they received the ET forms.

Edited January 25, 2013 by LaughingGirl

[honeybee13]

LG, you might consider putting the employment queries from this thread on the employment forum, as I think you need different knowledge for that part of your problem.

 

HB

[LaughingGirl]

Ah, good point HB - I'd forgotten this was in the benefit section!

[honeybee13]

. I see you have a thread up and running over there, hope they can help you.

 

HB

[LaughingGirl]

Oh so you were "matched" to a vacancy, was that from LMS or from another source?

How long had you been claiming and how close was the vacancy description to your job seekers agreement at that time?

 

Sorry Flumps, our last posts must have crossed and I didn't see this. I'd been claiming for 4 months. As far as the vacancy being close to my JSAG...not really. They'd managed to shoe horn something into the job description that effectively made it almost two jobs, one which had nothing to do with my previous experience and the other which did.

 

By way of an update, I went to see the adviser today and while she was very sympathetic and said that they wouldn't be putting any more job seekers their way, she was very non-committal about my reclaim...she just said to do it online in the normal way.

 

They did eventually pay me some money, but as it stands I've worked the last few weeks for what works out at roughly £5.15 an hour.

[honeybee13]

They did eventually pay me some money, but as it stands I've worked the last few weeks for what works out at roughly £5.15 an hour.

 

Probably more a question for your employment thread, LG, but do you have proof of that? I thought you could report an employer for paying under the NMW.

 

 

HB

[LaughingGirl]

I'll reply on the employment thread, HB...there's a bit more to it.