What to do

Newbie Joined: Oct 31, 2005 Posts: 1

My employer has not yet issued a contract of employment to me, despite me working with them for about 7 months. They are having financial difficukties and I have not yet been paid this month, what should I do.

Posted: Mon Oct 31, 2005 4:10 pm

Fatha,
Welcome to the Guild!
I'm sure your question will be answered quickly. Very Happy

Posted: Mon Oct 31, 2005 4:51 pm

A 'Contract of Employment' must be given to any employee requesting it within - I think it is either 14 or 16 weeks.
An employer can substitute this for another document such as a 'Statement of Particulars' or a Company Handbook etc - the name is relatively unimportant, what counts is that is should contain such basic information as;
Where you are likely to work
How many hours you are expected to work
Your rate of pay
Your job title
Any provision for the employee having to work a 'probationary' period
Disciplinary and Greivance procedures
etc

Unfortunately, whether you have a contract or not you cannot make an employer pay you if they have not done so. Although technically it would be a breach of contract if they said they would pay you on a given day and they didnt, you would not be able to claim 'constructive dismissal' unless you had been employed by them for more than 12 months.

On the bright side, your employer has broken the law - Wages Act 1950
Thw Wages Act has provision that basically, if your employer does ot pay you, you might be able to claim they had 'illegally with-held payment".

I strongly suggest you get down to the Citizens Advice Centre as quickly as possible or seek the advice of a Solicitor - most will give you free advice for the first hour or so and the Citizens Advice Center is free.

DO NOT DELAY - if the company goes belly-up, there will be a long list of people wanting money from them, get in early!!

Sorry I could not be more help.