Not been paid for 3 months.

[gInvestor]

Hoping someone may be able to help with a query on the following. A friend is having some trouble with his current employer. He's in the building industry so all is not well but he's not a contractor, he's a labourer that is working for a contractor who is refusing to pay him the last 3 months wages. The reason behind this is that the company the contractor is working for has not paid the contractor thus the contractor is not paying any of the labourers that have done the work. I'm wondering what my friend the laboured can do ?

From the citzen adxice [broken link removed]

"Employer withholds your pay
If your employer withholds any of your pay, this is called a deduction of wages. Your employer might have withheld your pay because they:
• have not paid you any wages (this is called a 100% deduction of wages)"

There are a couple of next steps to do but in todays envirnoment, are these actually worth it ?

Is there any way to find out if the contractor has been paid for the work done and is simply not paying the labourers and just using this as an excuse not to pay them ?

And finally, if there is no way out off all this, is there any way to prove to social welfare that he's not been paid for 3 months (and thus has not had a job and should be entitled to benefits -- last resort but he's got a family).

Thanks for all your help..

 

[niceoneted]

has your friend actually been working for the last 3 months or is it a case that he has a contract for employment and that he is due wages although there is no work?
He should try and find out from the contractor directly if his boss has been paid. Maybe ring them, they may not tell him but they may.

 

[gInvestor]

No, he's been on site working every day, weekend and bank holiday.. Although its 3 months and a hell of a lot of cash, he's not too willing to go head on in and find out.. just wondered if anyone else had this and has he legal rights against his boss although his boss claims he's not getting the monies to pass on..

 

[mercman]

he's not too willing to go head on in and find out.. s and has he legal rights against his boss although his boss claims he's not getting the monies to pass on..

I am unable to believe that somebody working is willing to and can hang on for 3 months without a sight of a cent. Reality has a part to play here. Why would his boss be working for three months without getting paid ?? I think your mate is being told a heap of porkies. Normally the staff would be pulled off a job if no money showing. He should try the CIF and / or his Union if he is a member.

 

[gInvestor]

indeed but there's no other work to be had.. It was'nt out of stupidity but a lack of other choices..