Eeek, not been paid!

nik106

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I work for a small company and periodically they have money troubles, and we don't get paid on time, but the rest of the time they're generous. I'm probably very overpaid for the little work i do, and for the last 3 months i've been on reduced hours but on full pay (i'm salaried)

I've handed in my MAT B1 but my boss promised me full pay whilst i'm off on Maternity leave and said he is going to be flexible about my time off so i can go back whenever i want etc. But now, i'm in a bit of a pickle and i have no idea what i am going to do!


I went on leave Thursday 28th July, and was expecting to get paid on Friday 29th for July as i paid in arrears and get paid the last working day of the month. Except, my wages didn't arrive!


Now, my brother works for them too, and he not only got paid a day early, but they gave him and others between £2k and £3k payrise each on the 28th July, although they won't get extra money until the end of this month. We're quite close knit so i'm aware that 3 other people also weren't paid. The 3 others guys have been on at them as they are in the office, to find out whats going on and getting told "It'll be tomorrow" I've been through this enough times to know they fob us off until they have the money so it doesn't matter how many times you ask. But, the boys have been keeping me upto date with what's been said.


On Monday 1st August, i emailed the Director who has the majority share to ask if he had any idea what's happening, explained that my bills had just swallowed my mortgage app fee (we live here already but we have to raise funds to buy his brother out or we have to sell) and i got the following response:




We had a problem and I am correcting right now.


Sorry.


Back to you later.
But, no pay came through, nor did he contact me. I emailed again on the 11th as whilst i have a facility to cover bills via my bank, its costing me £22 a week to do so - i'm overpaid, but i'm about to have a baby i need to provide for and a mortgage twice the size of what it was! I haven't rung them or sent other emails, so 2 in nearly 2 weeks isn't exactly harrassing. No reply whatsoever, so i spoke to one of the guys at work. The other 3 had to stop going in as they had a choice of eating or going to work. Our boss was apparently ignoring all texts, calls and emails from them too and my younger bro says on days that the boss has been in the office, he's ignored everyone "because he's ashamed" but hasn't been in for a week.

Last Friday, one of the guys rang the other director as he was furious that he was being ignored. The other director says he wasn't aware that people were being ignored as he'd been told that they were being rung everyday and kept informed of what was happening and that he wasn't impressed that he'd been lied to about it. He took over, and spoke to the other 3 everyday - still no-ones talked to me. They got paid yesterday but when i checked i hadn't. So i emailed this one, as he was at least communicating with people. I was nice about it, and literally just asked if he knew what was happening as i'd emailed the other and hadn't recieved a reply. I got this email back:


Nikki,

We are working on it as we speak and I will have an update ASAP.

Sorry for the delay.

Darren

And nothing, no other communication, no money and this is money that i actually worked for, not just maternity pay. What am i supposed to do? My OH is only on £8 an hour, and there work has dried up a lot so he's not doing anywhere as much overtime as he was. His basic 40 hours a week will only just cover our bills on the house and maybe food. But it won't cover the bills and debts i had before i met him. Last time they didn't pay us for a month, i spoke to CAB, and they said whilst i still worked there because i was still employed and on a high salary, i wasn't entitled to any help at all unless i left, even though i hadn't been paid. But, if i left, because it might be considered voluntary, i still might not qualify for help and there was no way to tell if it was until i left and applied.

Clearly i can't get just go out and look for another job as i'm just over a week off my due date, and i know from other people who have left when not paid, that i may never get what's owed to me. I can see me having to give up my maternity leave once the baby arrives just so i can be in the office to get paid, or get another job.

I don't have anything in writing other than the initial pay stated in my contract, which doesn't include any of my pay increases. Everytime i emailed regarding maternity leave so i would have things in writing, my boss talked to me in person. He said he didn't even need the MAT B1 as he wasn't going to claim it, but his accountant asked for it, but they didn't get it until i was after 30 weeks, which i believe is too late to claim for.

Does anyone have any idea of what i can do or where i stand?

 
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Oh hun, thats terrible. Don't have much advice for you but didn't what to read and run. Do you get payslips from them every month? Or is it paid straight into your account? As that would prove that you work for them and how much you get paid from a legal stand point?

They sound very lax regarding the whole situation. I would definitely email or ring them again (or could you pop into the office, if it's not too far) as you really don't need this stress when you're about to have a baby! I hope you get sorted soon, I wouldn't be able to cope if I didn't get paid on time, you are a very patient person!!!

If you don't get your statutory maternity pay, could you speak to cab or direct.gov re maternity allowance?
 
All I can really suggest is calling them again and informing them that if the matter isn't resolved you will take legal action. They are breaking the law by witholding your wages so you would have every right to do so. Sadly lawyers can be a bit costly unless you have one already, but usually the general threat of legal action is enough to wake them up.
Hope they sort it soon hon x
 
Thats for reading, sorry it was such a long one. Legal action never goes down well with them, it just creates bad vibes. One of the lad's has a relative who is a solicitor, and apparently what we have isn't considered enough proof as they are very good at not putting things in writing! I've spoken to CAB in the past, and they are less than helpful, one of the things they said was that if we don't go in, then they can legally fire us even if we haven't been paid, which is nuts, but at least that doesn't apply to me this time around. I think my OH is going to ring on Monday on my behalf as i'm just getting overly stressed and upset, and theres a chance i might lose my temper when i'm fobbed off again. We can manage this month without my pay but that was ALL of my savings, i have nothing left so if i don't get next month's we're really stuck
 
Hey Hun, I work in Human Resources and this is totally unacceptable. If you call ACAS or look on their website they will be able to help you out. They offer free and impartial advice and are brilliant.

As you have a contract, this is classed as legally binding and if they state in your contract that they will pay you on a certain day every month they have to legally.

I'd give ACAS a call chick, they are brill.

I would also insist on getting all of your maternity leave dates, pay, procedures in writing too, as legally they also have to provide this information to you.

Hope this helps and feel free to pm me if you need to :)

Good luck and I hope you get sorted, this stress won't be good for you and bumpy xx


---
- Sent from my nearly buggared iPhone!!
 
Thanks so much, that's really helpful, i wasn't really sure who to ring to ask for advice. I've always been really patient in the past, as have my family who've had to do some serious bailing out several times! On one occasion, i was getting a lift into work but hadn't had lunch for a week because i had no money left and in the evenings i was just working my way through the freezer as i had no fresh food left either, when i left my keys on my desk. Being 20 miles from work and 10 miles from my nearest friend/relative, i was well and truely stuck! In the end my nan had to drive over to collect me and ended up buying me shopping for the week, having already paid my mortgage for me. That month, i got 2 paychecks within 3 days of each other. Its likely to happen again this month but it just worries me that i'll end up with no pay over my leave.

I have been trying to get concrete dates down, but all i've managed to get so far is "we'll have a chat at Christmas and see how you're getting on"
 
So, my bosses have had time to log into facebook in the last hour or so, but not reply to an email apparently. I still haven't had July's payment and its payday again tomorrow. I've sent them the following email, which i don't think is unreasonable considering they are leaving me up shit creek!

Andrew/Darren

I am very concerned because I have not yet received my salary for last month (July 2011), and tomorrow is the date when I would normally expect to be paid again. I have only just managed to cover all my standing orders and direct debits last month with a little help from family but I am not able do that for a further month.

I really did appreciate your efforts to reduce stress whilst I was working and pregnant but I am becoming increasingly anxious because I do not know what is happening about my pay and it appears that the other staff have been paid. I realise in the past when there have been difficulties, you have eventually managed to sort things out so I have tried not to worry but the lack of communication from the company is making things far worse. I should be very grateful if you would let me know what arrangements you are intending to make now and for my maternity leave.

Nikki

As of yet, i haven't had a reply. I spoke to ACAS last week whom said the only option i really have is taking them to an employment tribunal but that i might have to fight for my maternity pay - as i didn't have it in writing when i was leaving etc although i do have emails to prove that i have attempted to get it so a judge would likely be on my side but not guaranteed. I don't really want to go this route, because it effectively leaves me without a job! I'm hoping that i can at least pin them down to holiday pay and SMP, although there is a chance that i'm actually going to have to go in with my mum once the baby arrives - the majority director is rather intimidating and i can see him attempting to walk all over me and OH but won't do so in the same way if my mum goes in!
 
Any more news, have they got back to you yet? I hope it gets sorted soon, I wouldn't be able to cope for 2 months without pay. You don't need this added stress when you're about to have a baby!!!
 
Any more news, have they got back to you yet? I hope it gets sorted soon, I wouldn't be able to cope for 2 months without pay. You don't need this added stress when you're about to have a baby!!!
They actually didn't get back to me at all! Managed to get through to one of the directors on Wed - i suspect that he would have replied before but was under instructions not to - and they said Friday... and today is Sat with no pay in! Spent the morning on a monitor at the hospital as my bp was high this morning, as well as decreased movements, increased fluid and some protein in my wee. Everything is fine but i'm being induced Monday so not really in a position to start harrassing them
 
Just read this. Hoping you've been paid now!
And that you might have a little baby now!
Let us know what happens.
Take care, good luck, and congratulations by the time you read this! X
 
I'm afraid that's a no on both counts.... no money and no baby :( Was promised money even if it was only some last friday and that they'd let me know if there was a problem but no money, no email/text/phone call.

The stress probably isn't helping my body along. Baby is in the right place, its great they keep commenting on how low she is, but its taken 3 sweeps to get to 2cm. My cervix hasn't moved round nor even begun to effaced
 
Jesus your work situation is getting ridiculous and you're being far more patient than me!
Baby front... Yeah. Lol I've been induced twice. Both times took at least 48 hours. Have they used the pessary things or just doing sweeps? If using pessarys then hopefully they will just break your waters for you tonight x
 
Just the sweeps, the first 2 they couldn't even do, but the consultant yesterday had longer fingers. I was supposed to be induced yesterday but they cancelled :(

I've spoken to the Inland Rev about pay as August's pay is officially maternity pay rather than just normal pay, and whilst he said he wasn't paying SMP just normal wages, i'm legally entitled to SMP. They've said i was to leave, i don't have to pay it back, if i leave now, he still has to pay it and that if i don't get it, i can ring their disputes department and they can step in to see if they can sort it, which might mean that they can pay it direct to me and then claim it back off him. Obviously, full pay would have been fantastic, but SMP is a million times better than the nothing i have now!

I don't really have much choice but to be patient.... ACAS say everything has to be in writing so i can at least prove i've made attempts to get it, if i end up in a tribunal, not replying to emails or giving me stupid answers won't look good on them, especially as i've been polite and patient. I've already been admitted to the Labour Ward with high blood pressure, whereas its always been fairly low so clearly the stress is getting to me, and the more i make contact and am ignored, the more stressed out i get.
 
Oh hun. Try not to stress too much. Let the inland revenue step in and let them fight the battles for you.
Forget about it all, if possible, for a few days, or gettyem on the job now so hopefully you hVe some good news when you leave hosp with your buba! Xx
 
what worries me about getting the inland revenue involved is that it'll annoy them and i won't get july's pay out of them. It wouldn't be the first time they've done that to someone
 
If julys payment was for work already done then they have to pay u it xx
 
so annoyed about this for you! how dare they treat you like this when you are this pregnant? thats terrible. Hope it all works out for you! sxxx
 
If julys payment was for work already done then they have to pay u it xx
But, if they don't have it, then it'll be like getting blood out of a stone! I basically think i'm just going to have to sit and wait for money to come through
 

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