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Apologies for starting another thread but I think this is different enough from the previous one I started

 

I was due to be paid Monday (I am paid twice a month on 1st and 15th of the month) and my wages did not go into the bank. This is not uncommon, out of the last 20 times I was due to be paid, 10 of them were at least a day late. When I asked the director who deals with the wages I was told there is no money in the bank and a cheque would not clear until Wednesday at the earliest and there was nothing they could do. I stated I had direct debts coming out that would bounce but again was told nothing could be done. I was told they would see what they could sort out but nothing more was said about it. I also mentioned to the other 2 directors (I work for a small firm with 3 directors and 4 members of staff including myself) about my wages not being in the bank but again nothing was done. I have only mentioned once in the other 9 times about my wage being late and that was paid in the day after it should have been.

 

In the past when others have had late wages my employer has made efforts to get some cash to see them though until their wage went in. I was not even offered this.

 

This morning after checking the bank to confirm they still had not gone in I emailed the Managing Director and said I would not be in today as I needed to go to the bank to try and sort out some emergency overdraft until my wages came in. Also in the email I highlighted a few other discrepancies in working conditions where I do not feel I have been treated fairly or equally (every member of staff got a Christmas bonus except me, last year all employees got an extra days holiday except me). Now I know these are at the discretion of the management but I felt I deserved some sort of explanation as to why I was excluded.

 

I have now been summoned to a Grievance Meeting tomorrow to discuss this with the MD and the director who deals with wages.

 

To complicate things further (and I *think* this strengthens my hand a little) I have never been given a contract of employment and there is no company handbook where I can read what the companies grievance procedures are. I had in the past attempted to have an informal meeting with the MD to discuss the points above along with working conditions in my "office" (which is a store room filled with equipment and a piece of wood screwed to the wall as a desk, with no windows or ventilation) but he was constantly answering the phone throughout the meeting and then left before I could make all my points. Therefore I feel I followed correct procedure as per the ACAS guidelines.

 

I have been offered the chance to have a witness (their words not mine) to attend with me but as I do not want to drag anyone else from my workplace into it I will decline. Would I legally be allowed to record the meeting as my witness?

 

Where else do I stand legally given the fact there is no contract (so therefore everything is implied by conduct I believe) and no staff handbook for me to follow or even know what the grievance procedures are? Could this meeting be used as a cheaper way of getting rid of me than making me redundant? Would I have grounds for constructive dismissal if they did?

 

Sorry for the essay, I just wanted to cover as much of my case as possible as time is short before my meeting tomorrow

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Hello there.

 

I believe recording the meeting is a no no, IIRC it's a question of breach of trust if you do it and don't tell them. I don't know how you would stand if they agreed to a recording, hopefully someone else does.

 

HB


Illegitimi non carborundum

 

 

 

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I am not sure why you think you can be let go for raising a grievance?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I am not sure why you think you can be let go for raising a grievance?

 

It's not going to make you the most popular employee though, is it Emmzzi?

 

HB


Illegitimi non carborundum

 

 

 

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No, fair point HB, but it's not grounds for dismissal. There would need to be a different process followed eg disciplinary.

 

OP, how long have you worked there? sounds like they ae financially unstable anyway so I'd be looking elsewhere anyway.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Believe me I am looking elsewhere. I have been there on the books for 2 years but as per my previous thread I was on a commission basis before that for nearly 3 years where they paid my tax and gave me a P60 which without a contract in place could be taken as being employed from that date.

 

I am just concerned they could try and twist it into something more as I have acquired proof one of the directors has it in for me but cannot confront them with it because of how I got it.

 

As for the recording, I would do it with their knowledge, nothing underhand

 

Am I right in thinking that all I need to do is go over my grievances again, explain things more and that is it? Nothing else can be discussed at the meeting that was not in the original email can it?

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Under the Employment Rights Act, you are legally entitled to a written contract of employment (section 1 - 3) and any changes have to notified to you in writing (section 4). So you do not need to worry about that.

 

You have a right to be paid your wages. If they are due on the 1st and 15th of every month, then that is your implied contract.

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