Quizzes & Puzzles7 mins ago
Will we get paid?
2 Answers
My employer has gone into Administration again. Previously when this happened there were several redundencies and people who got made redundant were asked to leave that morning. They were advised they would only be paid upto that day and the rest of their months salary would need to be reclaimed along with the rest of their redundency through the government.
This time around, there have been further redundencies but this time around, people who were asked to leave had to leave the same morning but were told they wouldnt be paid for any of the days worked this month since last pay day.(4 days work).
As a remaining employee I now worry that the company may not be able to pay us on our next pay day at the end of December. If they dont pay us, as I cannot work for free, if i left to find other work, will i forego any redundency as utlimately would this not be classed as constructive dissmissal where by the company is giving me no choice but to go and look for another job as I cant afford not to be paid for work completed and they get out of having more redundency claims? Any advise appreciated please , thanks
This time around, there have been further redundencies but this time around, people who were asked to leave had to leave the same morning but were told they wouldnt be paid for any of the days worked this month since last pay day.(4 days work).
As a remaining employee I now worry that the company may not be able to pay us on our next pay day at the end of December. If they dont pay us, as I cannot work for free, if i left to find other work, will i forego any redundency as utlimately would this not be classed as constructive dissmissal where by the company is giving me no choice but to go and look for another job as I cant afford not to be paid for work completed and they get out of having more redundency claims? Any advise appreciated please , thanks
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You could be direct and ask the administrators if you will get paid how much and when. Also contact your local job centre plus and ask them for help and advice on being made redundant, whilst they probably won't be able to help you they will be able to give you the number of someone who can. Finally citizens advice may be able to point of some of the legal requirements the administrators have to carry out.
Your first paragraph is correct when the company runs out of money but the Administrators have enough to pay wages, the rest coming from the Government's fund.
Your second paragraph sounds dodgy in that the Administrators can't just choose not to pay salary to redundant employees - they obviously have no money. Such employees are preferential creditors and generally do get paid (late) when the company is broken up or sold.
So the same situation applies to you - and the Administrators are presumably hoping that enough money will come in to pay salaries by December end (the reduandant employees are due money now because their contracts are terminated).
You have your terminology a bit mixed up, because Constructive Dismissal is when you resign because the employer has behaved so abysmally that you claim the contract is broken by them. I suggest you do not resign under such circumstances because I suspect that THEY have to dismiss YOU (on grounds of redundancy) for you to get redundancy money (either from the employer or the Government fund.
A bit of a bummer - I can't see a way around it.
You will get the money - but I appreciate that it's the timing that's the issue.
Your second paragraph sounds dodgy in that the Administrators can't just choose not to pay salary to redundant employees - they obviously have no money. Such employees are preferential creditors and generally do get paid (late) when the company is broken up or sold.
So the same situation applies to you - and the Administrators are presumably hoping that enough money will come in to pay salaries by December end (the reduandant employees are due money now because their contracts are terminated).
You have your terminology a bit mixed up, because Constructive Dismissal is when you resign because the employer has behaved so abysmally that you claim the contract is broken by them. I suggest you do not resign under such circumstances because I suspect that THEY have to dismiss YOU (on grounds of redundancy) for you to get redundancy money (either from the employer or the Government fund.
A bit of a bummer - I can't see a way around it.
You will get the money - but I appreciate that it's the timing that's the issue.
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