My boss will not pay me

[slavenka]

I have been working for the same company for nearly 3 years and am their telesales manager. Getting my wages has always been a pain. My job remit changed recently, and as such, they set up a new bonus structure for 2006 and now they are refusing to pay it. All I have is a verbal agreement, and when I have asked for it in writing in the past, they have said that they will never do this.

They have paid me �350 bonus, instead of the �510 I am due for January, and when I asked my manager about the underpayment, he told me that the Ops director said that, seeing as he has made the bonus structure, he could pay the bonus himself, and he says he doesn't have the money. I had to fight for my bonus in December too. My bonus next month should be at least �550, and they are trying to reduce this too. I suggested that they were not allowed to do this mid-month as I have already met the targets, but they are insisting that they will not pay me anyway.

They are a small, family run private Ltd company (Dad- MD, daughter- Director, Daughter's boyfriend- my boss) and they successfully won the last tribunal for non- payment of wages, and have admitted to me that they lied in court in order to win. I'm thinking that I have no choices here other than to notify them that I am looking for a new job, but, they also have said that they would give anyone a bad reference that left (and as they have done this before, I know that this is exactly what they do).

I was thinking about a Watchdog style investigation to "out" them, but I am scared about any laws I might break. They have been recording me, without consent, (I have heard this recording) and I was thinking I might do the same, as I know they will gloat about the non-payment and how they would not be taken to any court case?

I know I will leave anyway, but would appreciate if there were a way to take them to tribunal about this, and get the money I am owed?

Karen

[stanleyman]

A verbal agreement is as good as a written one, take them to the small claims court for the outstanding. Write everything down and keep evidence like emails relating to this, even recordings! If you leave, claim constructive dismissal. You could sue them for a bad reference and it is illegal under employment law to threaten this. If there is no written agreement then why agree to it? If you are not getting paid your bonus why bother trying to meet it, a month or two of bad sales might make them think, what have you got to lose? Sounds a dodgy old firm and you'd be better off elsewhere! The CAB would help you.

[Hammer]

Find yourself a new job. No employer is allowed to give a bad reference, the worst they can do is refuse to give one. If they do give a negative one you can take them to court.

[hal]

I don't think a verbal agreement is as good as a written one - because you can't prove it. Its their word against yours (unless you have witnesses to the verbal agreement.)

[erimus1]

In principle, and in law, a verbal agreement is binding on both parties, but as hal said, it is difficult to prove. Sounds to me like you should cut your losses.

I would stress that the bonuses that you have spoke about are discretionary, and so do not really have to be paid by your employer. Non-discretionary bonuses are usually integral in the contract of work. They way a court would see it is that you are already being paid for doing your job, and you have done nothing more than this anyway - sorry to be blunt, but that is the way it really is.

As far as giving you a bad reference is concerned - this can absolutely not be done as it is completely against the law - they can either give a good referenc or refuse to give one, and this is all.

Move on and make sure your next employer is a little better.
Good luck,
Steve

[WendyS]

Extract from ACAS (Arbitration & Conciliation Service Website):

Employers must give employees a written statement of the main particulars of employment within two months of the beginning of the employment. It should include, among other things, details of pay, hours, holidays, notice period and an additional note on disciplinary and grievance procedures.


What happens if there is a dispute about rights at work?

If employers and employees have a dispute about any of the rights listed in this leaflet they have the following options:

1. Resolve the dispute. Employees should always try to resolve a problem or dispute with their manager or employer first. This should be through the organisation's own grievance procedure. If an employee wishes to use a grievance as the basis of a complaint to an employment tribunal they must first inform the employer of their grievance in writing.

. An employee can make a complaint to an employment tribunal if he or she believes an employment right has been denied or infringed. Complaints normally must be made within three months of the date of the alleged infringement. .

For nearly all types of complaint, once an application is received an Acas conciliator will contact both parties to see if a settlement can be reached before the case reaches a hearing.

From 1st October the help the conciliator can offer will be limited to a fixed period in most cases, according to the type of claim. The period for claims about wages, redundancy payments and similar contractual matters will be seven weeks.

Consult the ACAS website below for full information as the content on the site is too long to include in this post. Good Luck.

ACAS.org.uk