Consistent late payment of wages - case for constructive dismissal?

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shouldknow

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Basically, for six of the past seven months, my wages have been late. The timing varies - one month, I got them after making a phonecall the day after they were due, another month, it took almost a fortnight.

It's consistently blamed on technical issues, though these (avoidable) issues are starting to repeat themselves. It also isn't an issue with the company's financial health - we're a small subsidiary of a large company that's doing quite well and ticking us along with a monthly supplement.

This latest issue came up on Friday (I get paid on the last Thursday of the month - it's in my contract) when I noticed my wages hadn't come in. My boss didn't even pretend that he'd tried to put through my wages on the Thursday evening, said he was incapable of doing it where he was, and had asked the CEO of the larger company to do it. This doesn't appear to have happened, as the money still hasn't appeared in my account - it normally comes through within 2 hours as we share a bank.

I have records of almost everything, from the emails that have been sent (including one very snotty email at the start of this year from the CEO) to telephone conversations on Friday. While I know I can't get comprehensive legal advice here, I'm wondering whether fellow boardies think it's worthwhile pursuing a constructive dismissal case - if there are precendents where this kind of thing was used to support a claim, that'd be great. While I know the burden of proof rests on me in this case, I genuinely feel they're trying to drive me out of the company at this stage and don't want to see them getting away with it.

Thanks in advance!
 
Are there other employees? Are these also affected?

Have you tried issuing reminders before payday comes around?
 
Hi Complainer,

There are two employees - myself and the country manager, who is primarily responsible for paying wages.

Funny, I consciously avoided reminding him on Thursday that my wages were due because I figured that, after all the hoo-ha of previous months, he would surely remember. If I'm still with the company at the next payday, I'll definitely start doing that.
 
Obviously, you shouldn't really have to do this, but if it works, then go for it. No idea if late payment would constitute constructive dismissal, but I guess you'd want to have your next move lined up before you would walk out, given the current economic environment.
 
Complainer said:
Obviously, you shouldn't really have to do this, but if it works, then go for it. No idea if late payment would constitute constructive dismissal, but I guess you'd want to have your next move lined up before you would walk out, given the current economic environment.
Click to expand...

Thanks a lot Complainer. Yeah, it helps that I'm already formulating an escape plan that involves going freelance again. Yeah, *gulp*, but I seem to be in demand atm and have been earning more working freelance at night than I have in my 'main' job. The only advantage for me of taking this job was the certainty of payment, but I don't even have that now.

Looks like I'm going to an FLAC clinic to get another informed opinion before going to a solicitor proper - there's no rush, as I need to wait until late September if I'm going to make this claim. Thanks again.
 
Generally you have to exhaust the formal grievance procedure before you can claim constructive dismissal. Constructive dismissal is hard to prove at the best of time. There is also separate legislation on the payment of wages. You should definitely get proper legal advice before doing anything rash.
 
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