job not paying me

[bimpit]

Hi, little advise regarding my job.....is it illegal to be paid late all the time?

I have worked on a PT basis since last oct and am always paid late! Im close to tears because I have bills to pay. Im a student who only receives a small wage and works one day a week or ad hoc....

One of my invoices (pay cheque) is 3 months late and the other is 23 days going on 27 days late....this has happend several times.
I was on payrol for a couple months and was paid on time.
I don't know what to do, apparently expenses are always paid late which is also via an invoicing system through the finance team who I am beginning to think are retarded.
I don't believe they are dodgy, although an office has just been shut down to save cash.
I have to go through my bosses or an administrator for pay, they are lovely, say I am important to their strategy and want me back in september.
I don't want to threaten them or get angry because I would damage the relationship....I have called loads and I still don't get paid or get a call back...
WHAT SHALL I DO? Im desperately needing that money! Any tips or advise would be really appreciated!

[buildersmate]

Your first sentence asks whether it is illegal. Not as such - it is not a criminal offence. It is a breach of contract by them, but the remedies are difficult to achieve (civil action for damages etc.)
Unfortunately you are going to have to bite the bullet and talk to one of your managers about it - maybe they don't know it is happening?
A couple of questions - are you on the payroll (you should be) and is your late payment situation different from other employees (why).
If you don't understand why you should be different, talk to your manager - you don't have to get angry or threaten, just mention it in a calm and constructive fashion, stating how difficult it is for you because of the company's inadequencies in administration. You need to get your manager on your side so he/she will go and investigate on your behalf. if he/she really wants to retain you and agrees your pay is being dealt with differently from others, he/she will do this.
There are thousands of small businesses and contractors in a similar position to you - they want and need the work but get messed around when it comes to payment.

[factor-fiction]

It sounds as if she may not be on the payroll- if she is submitting invoices they may be treating her as some sort of contractor.
I'm not sure what this means for tax and NI

[carrot99]

Send a copy of the 3 month old invoice with a note saying that you haven't been paid for it yet and you think the original may have got lost somewhere along the line - then you are being helpful and not accusing anyone.

Also enclose a copy of the later outstanding invoice and add on the note that you enclosed that copy so that they will be able to pay both in one go.

If you can, drop the copies and note into the finance office so you know it arrived.

[buildersmate]

Oh I'm pretty sure what that would mean Factor - it would mean the employer could get caught for employing her in that manner, and the employer would lay itself open to a claim by HMRC for the required shortfall in tax and NI on what they had paid her (which would be treated as her net pay - but less any amount she had paid herself towards the required NI/tax). The process by which HMRC assesses this is called IR35 and there are various tests to establish whether she has a 'contract for services' (a self-employed subcontractor) or a 'contract of service' (an employee of the company). Unless she is running a limited company, when its different.

[bimpit]

Thanks for the input. My boss(es) is aware of the situation, I have to go through him (or her) or his administrator regarding pay because I'm not allowed to contact the finance team directly, they chase it up and it either eventually gets sorted or I find out my invoices have been sat at the finance table for weeks un touched. He knows about it but it doesn't seem to register that the finance team are incompetent � as I mentioned they do this with expenses too.
This is the first time I have been on an 'invoicing system', so it didn't even occur to me about NI, the last thing I want is to also get in trouble! When I joined I was on invoicing, then payroll for a couple months then taken off after I said I had exams and therefore continued to be paid for ad-hoc work via invoicing. I cant remember what kind of contract I signed... so will the company be fully aware then that I'm not paying NI (through my job at least)? ? ?
I'm not working there over the summer so cant access the system where my proof of invoices are... I didn't send them to my personal email because they were acknowledged as received.
Before I was 'banned' from contacting finance and for my first pay cheque I had an email from them giving my pay date, so when it was late I politely and assertively asked for a chaps payment, but now finance don't reply anyway so I have no ammunition and an unresponsive boss!

[bimpit]

Gosh sorry about the long message

[ummmm]

If you're only working one day a week you probably do not qualify to pay tax and NI.

Are you a student? If so you also don't have to pay tax and NI.

Send them a statement of all outstanding invoices with the date they were sent, amount and the date they were due to be paid. Along with inv no or whatever info.

[bimpit]

Oh ok, I knew about tax but thought I still had to pay NI. Yes I have already sent emails outlining the dates, invoice no.s and amounts due...... bit of a nightmare. Thanks