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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60510
Experience:  Qualified Employment Solicitor
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I've been an employee at a building services company for 3

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Hi there,I've been an employee at a building services company for 3 years now, it's based in London,Lately there have been delayed payments for various employees for the past few months and this is not something new in my company, it currently employs around 200 staff with around 50 being admin and the rest on site based engineers,My payment has been delayed 5 days this month and I want to know what legal steps I can take to prevent this from happening again as I'm considering to email most of management + the managing directors about it because I'm fuming,Thanks

Hello, my name is Ben, I am a qualified lawyer and I will be assisting you with your question today.

Does your contract stipulate a specific payment date?

Customer: replied 6 days ago.
Morning Ben,

My contract stipulates I shall be paid on or around the 6th of each month, today is the 11th,

I'm not sure regarding the legality of this vague language 'on or around the 6th', as there is no clear definition for around,

Hope this helps,
Ivan

Thank you. If the employer does not pay you as stipulated in the contract, that would technically amount to a breach of contract. In addition, it can also be an unlawful deduction of wages, which is unlawful under the Employment Rights Act 1996.

 

Whilst you can make a claim to recover any sums due to you which have not been paid, if the issue is just a mater of not paying you on time and delaying it by a few days, a claim is pointless. That is because by the time you make the claim and it is officially heard, you would have been paid. The only claim left then is for any losses you may have incurred as a result, such as bank charges.

 

So in reality you cannot prevent this from happening. If the employer wanted to, they can pay you late month after month. Your protection is there if they do not pay at all, but if they only delay it, then there is no real protection and in the end you have to consider whether this is an employer you want to continue working with, considering how they treat you.

 

Does this answer your query?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 6 days ago.
Hi Ben,

Thank you for the answer, this does answer my query and I really appreciate you not copy/pasting something that can be found on google as some others do,

I'll rate you accordingly,

Thanks
Ivan

All the best