How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

Hi In my contract of employment it states that I will be paid

Customer Question

Hi In my contract of employment it states that I will be paid on or around the 21st of each month. In the four years i have worked for the company this has been the 'norm' with the exception of when the 21st is at a weekend and then we get paid beforehand.
We were not paid on 21st march and have been promised the money last Friday or today and as yet it doesn't look like we will be paid today.
Please could you tell me what th legal position is on this?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name is Alex Hughes and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

Is there any reason for the delay e.g. banking problems?

JACUSTOMER-0qpzdqpe- :

We receive our money from our parent company in Frankfurt and they have not sent us any money for a number of weeks. We have been assured it is a cash flow problem and they have source alternative sources of funding - both short term and long term. We were told we might be paid last Friday, then it would be today and now it might be tomorrow.

Alex Hughes :

Thanks. Failing to pay you is a breach of contract. You could leave immediately and claim constructive dismissal and sue for the money you're owed. A delay in paying you on the agreed date is also a breach of contract. But I guess you want to keep your job so at this stage I think your best option is to raise a grievance immediately and complain about the delay. You would be well within your rights to seek compensation for any additional fees or charges you might incur as a result of the delay in paid.

JACUSTOMER-0qpzdqpe- :

Hi Thanks for the advice - if I raise a grievance what does the company have to do?

Alex Hughes :

The company will have to investigate your complaint. If they accept there has been a breach they could offer compensation. If not, you could make a claim to the Employment Tribunal or County Court for your losses. The downside is that a grievance could take several days if not a couple of weeks to sort out. However, in the meantime you should continue to press HR or the payroll manager for your salary to be paid. Keep a note of any additional expenses you incur as a result of this delay and try and mitigate your loss by deferring payments from your account e.g. direct debits etc if you can.

JACUSTOMER-0qpzdqpe- :

Thank you for this advice.