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Late paying employer

Hi,

Last July I started a new job. Unfortunately due to the company having no money I have been paid late every month. Generally the directors have a whip-round and we end up getting paid near the end of the next month. The problem is that now we're permanently in arrears by almost a month, which makes leaving a problem, as I suspect they'd use this as an excuse not to pay us. My notice period is 3 months, but is this enforceable if they havn't paid me on time? I'm asking this as I'm currently interviewing for other positions, and a 3 month notice period puts off other employers. I've already accepted that I won't get what I'm owed, i just want to get out.

Steve

Reply to
Stephen Barnes
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In message , Stephen Barnes writes

You could just leave and take your chances. It sounds like they have a lot on their plate, and maybe wouldn't have the time, money, or inclination, to pursue for damages.

Lets face it, you would be saving them a wage, and it might actually suit them.

Reply to
Richard Faulkner

They've breached your contract. Given that you started your job about 6 months ago your contractual term is also probably unreasonable - they could sack you tomorrow.

As an employer, notice periods are almost unenforceable anyway.

Have you thought if they are that broke they might be pleased that you go ?

Reply to
Paul Robson

As failure to pay ypour salary on time is afundamental breach of contract, you have a claim against them for constructive disnmissal already. This should be pointed out to them and I doubt if they would want to hold you to your notice term in the circumstances. However, if they fail to pay you your entitlements - accrued pay and holiday pay - whwn you leave - pursue them either via the local county court or the employment tribunal.

John Pointon Accountant, Tax Consultant "In business to grow your business"

Reply to
John Pointon

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