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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49853
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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, My partner has worked large hotel group

Customer Question

Hello, My partner has worked for a large hotel group for the past 18 months. They are owned by a Sudi Billionaire. Since November 2014, she has been getting paid consistently late. starting with 2 or 3 days late, then to now the 9th April and due to be paid on the last day of the previous month. We have just celebrated the birth of our 1st child and she is now on Maternity leave, so with the many other pressures a new baby brings, the lack of payment and cooperation / information is causing undue stress and anxiety over money. The payments are not isolated to just my partner, but the entire staff at the hotel and the group have suffered now. what can we do? what legal options do we have and what should be our next course of action?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

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.

JACUSTOMER-h8ief8hx- :

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.

Ben Jones :

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

JACUSTOMER-h8ief8hx- :

ok thanks

Ben Jones :

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

Ben Jones :

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