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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my partner hasnt been paid for 7 weeks and we cant pay our

Resolved Question:

my partner hasnt been paid for 7 weeks and we cant pay our rent this month we have 3 small children and cant afford our weekly shopping or anything
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Why hasn't your husband been paid? Is he employed?

 

Do you occupy your property under a tenancy agreement? if so please state then length of the fixed term or if the fixed term has expired.

 

Please also state if you are currently in arrears with your rent and by how many months/weeks

 

Kind regards,


Tom

Customer: replied 3 years ago.
he is employed but the company is in difficulty and doesnt have the money to pay him or the rest of staff, our tenancy is ongoing and we have no arrers, moving is no option as our rent is cheaper than most
Expert:  Thomas replied 3 years ago.

Right. Is your tenancy for a fixed term? Or was it initially for a fixed term but has simply "rolled over"?

 

Please state how many months in arrears you are?

 

Tom

Customer: replied 3 years ago.
we have recently been given 10 year tenancy and we dont have arrears
Expert:  Thomas replied 3 years ago.

Ok. What has your husband (and fellow employees)done about not being paid?

 

Tom

Customer: replied 3 years ago.
given the bosses 28 days to pay like previously advised, to which they have been told to put up or leave and said they cant afford to pay them
Expert:  Thomas replied 3 years ago.

Has he lodged a grievance with his solicitor about the pay issue?

 

Tom

Customer: replied 3 years ago.
no because we cant afford to pay for a solictor unless he gets paid
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your reply.

 

If you are in the fixed term of a tenancy agreement then the landlord cannot evict on on the ground of rent arrears until you are two months in arrears. So you have some breathing time there. but if you are to fall in to arrears then you should inform your landlord and explain your position to him. Appeal to his sympathy, it is better to engage landlord over these issues - they appreciate it.

 

Your husband does not need a solicitor to lodge a grievance with his employers. He just needs to set out his grievance (ie. giving factual details of his position) and explain that he wishes to initiate the statutory grievance procedure available to him and looks forward to a grievance hearing being arranged.. He should state that if following the grievance hearing he is still unpaid within a set time then he shall consider himself constructively dismissed and shall take legal advice and initiate a claim.

 

Info of grievances here:-

http://www.acas.org.uk/index.aspx?articleid=1670

 

Before giving them notice that he formally considers himself constructively dismissed he should take advice from a no-win no-fee employment solicitor in his area, he can find them by using this search engine:-

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

 

Phone round and ask if they act on a no-win no-fee basis and ask for an initial consultation.

 

The difficulty is that if the company goes into liquidation then you husband will be in the queue with everyone else.

 

He needs to raise a grievance immediately, take advice from an employment solicitor, then possibly consider himself constructively dismissed and pursue a claim on that basis. Once constructively dismissed he will be able to seek new employment.


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


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 7 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you very much for your time and help
Expert:  Thomas replied 3 years ago.
You're welcome.
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 7 other UK Law Specialists are ready to help you

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