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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Dear Sir/madam My daughter has a contract with a marketing

Resolved Question:

Dear Sir/madam
My daughter has a contract with a marketing company and the company have not paid her for the last 3 months yet they have been issuing her with payslips. Can they legally send you a payslip but not deposit money into your account?
Thank you
Andy
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is***** and I'm happy to help with your question today.
Has the employer given any explanation for the non-payment?
Customer: replied 2 years ago.

No none at all. She has been suspicious of cash flow problems as outside sources have also been chasing for money, but this has never been communicated directly to my daughter. They have sent her payslips but no money has been transferred to her account. Previous months pay has almost always been 2-3 weeks late since she started her position in May 2014. They have a company office in Spain with approximately 20 employees who I assume are all still working. We can't let this go on- is there a legal road we can now pursue?

Thanks,

Andy

Expert:  Alice H replied 2 years ago.
You are right - this is unlawful. Issuing payslips and not transferring money is a breach of the employment contract and your daughter could sue the employer thought the County Court for the sums she is due. She should immediately send a letter of claim to her employer giving them 7 days to pay all outstanding sums. If they fail to meet this demand then your daughter ought to start a claim immediately and she can do this online using he Ministry of Justice website: https://www.moneyclaim.gov.uk/web/mcol/welcome. There is a fee to pay for commencing proceedings but that will be included as part of her claim against the employer.
The alternative option is that she raises a grievance, which is an internal complaint, with her employer. This is a more informal approach to court action but could take some time to resolve and is not guaranteed to result in payment being made. Even if the employer upholds her complaint she might not get any money straightaway and might fall back on issuing proceedings.
In my view sending a letter and commencing legal action is the best way forward.
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