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Thomas
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Category: UK Law
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I have not been paid my salary for 8 months. I keep working

Resolved Question:

I have not been paid my salary for 8 months. I keep working on the promise of getting paid but so far nothing has materialised. What rights do I have? Can I take action against my employer?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

Thank you for your question.

 

Yes, you most certainly can take action against your employer and, frankly, I'm astonished you have remained there for 8 months after having not been paid. Do you have a written contract of employment and how long have you worked at the company?

 

This breach by the employer is so serious that it is probably a repudiattory breach of contract by your employer which entitles you to treat the contract of employed as terminated immediately and you then be able to sue your employer to the unpaid salary. If you do unilaterally terminate your employment in this way you should then immediately raise a grievance by using the modified grievance procedure laid down in statute (more on this below).

 

I would suggest taking specific legal advice from a local lawyer if you opt for this way forward (simply because it has been so long since you have been paid that your employer may argue that you have affirmed the breach though this t my mind would b folly and a local solicitor will help you respond), you can search for a solicitor in you area by using the Law Society's Find A Solicitor search engine (select employment law):-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

If you wish to remain at the company but recover the unpaid salary then you should immediately raise a grievance formally in writing to your employer (either your boss, a director or HR rep) setting out what has happened and asking that they address your concerns in a meeting as a matter of urgency. They are legally obliged to follow the statutory grievance procedure and they will be severally prejudiced in any future employment claim you make against them if they do not.

 

ACAS provides help for both employees and employees and I have attached the link to grievance procedure information below, but after considering the options above and as the matter continues to develop you should take advice from them by calling their free number on 08457 47 47 47.

Grievance information:-

http://www.acas.org.uk/index.aspx?articleid=2179

 

If this has been useful please kindly click accept so that I may be rewarded for my time. I will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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