Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Firstly can you tell me has a grievance been made to management over the late payment of monies please.
Hi, yes thanks for coming back to me. Yes there has been several communications between my partner and the management team. as mentioned we have just had our 1st child and is now on Maternity leave, she has contacted them again this month as now 9 days late.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Thanks for your patience. Sadly his rights will be somewhat limited due to the length of time he has worked there for. He does have the right to be paid what he is due and if they refuse to pay him these amounts he can actually make a claim to pursue what is owed. However, he cannot take any action to prevent the delays and if he is going to be paid eventually, albeit with a slight delay, there is no point in making a claim because by the time it is heard he is likely to have been paid anyway.
The issue with the service is that until he has at least 2 years’ continuous service he is not able to claim constructive dismissal. This is where an employee resigns and makes the claim following a breach of contract by their employer. In this case the breach would be that of continuous failures to get paid on time. However without 2 years’ service under his belt he cannot make such a claim and even though he can of course resign at any time, he is not able to take this any further. So unfortunately it means all he can do is pursue this internally, such as through raising a formal grievance but if that does not help, legally he cannot make the employer pay him on time and the only claims he can make is if he does not get paid at all.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you