I've come to the UK not a long ago (March 2019), and back then we had a small team (around 4 people).

The other team members all left, over constant payment delays, so I ended up alone at the office for quite some time. The people that left made complaints to HMRC over possible tax fraud.

Last month, I have received a payment, which was delayed too, and it started to piss me off, so not long after, my boss said this wouldn't happen again, and it did, now.

Yesterday, a brand-new coworker of mine received his salary, but I didn't, so I confronted my boss, and at the end he offered me a pay raise (from 33k to 40k) and a change to my title, but my boss made a change to my contract (probably expecting I wouldn't read it) changing the termination notice period from 1 month to 2 months (coworkers before me all had 1 month, and up until this point I was on probation).

After I angrily confronted him yesterday, he told me he wanted to give me something more than money to show "my value to the company".

Today, I have received an email that I'd receive a part of the salary on Monday, and saying that he wanted to borrow me for 30 minutes on Monday/Tuesday to discuss that "thing he wanted to give me".

I started to fear so I talked with my father and grandfather, and started to wonder what could it be (so I could prepare/arm myself), and we thought that he may be talking about either shares or directorship, which would make sense if someone is in trouble with HMRC or committed tax fraud (even though the company is a Ltd). It's possible that whatever he offers me I will deny: if he can't pay anything on date I can't trust him with anything else, especially with subtle lies and actions.

I want to leave this place as soon as possible, but I have rented a place and I live in a small town, I must stay until October 2019.

I have no clue what to do. If I should leave the company or wait until Monday. Since I'm in the UK since March, I don't know about any laws in here, and I'm really starting to fear that he may be using me. Nobody gets a pay-rise and then receives a new title, salary, and has a "gift" from directorship.

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    You've explained the difficulty of your situation, but not what you want help with in terms of solving your problem. Right now, it's a "should I go or should I stay" question. – user44108 Jul 5 '19 at 10:13
  • Thanks @Snow , I just want tips on relationships, if I need to give him any sort of courts before claims, and if I should do it today before monday... to be honest I don't even know where to begin asking! I've never been in this sort of situation before in my life, sorry.. – ProblemsAtWork Jul 5 '19 at 10:17
  • The behaviour of your boss and the tax-fruad issue as well as the unkept promises raise not only one red flag but dozens - I personally would get out of there asap and find a temporary job until october to pay your bills (in case you want to leave the city/country). If you want to stay in the city, I would try looking for a permanent position at a reasonable company. I wish you the best for your situtation - it really hurts being taken for a ride from some fraudulent goon.. – iLuvLogix Jul 5 '19 at 10:25
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    @ProblemsAtWork That sounds like a really tough spot. And it sounds like you need legal counsel in the near future. About those recordings. Written recordings after the situation might be admisable in court even when actual recordings of the situation are not. Nobody can prevent you from writing down what you remember and the handwritten part prevents forgery to a degree. This might come in handy when the "He said.. She said.." situation arises since it gives what you say a little more credability ("How can you remember so exactly what he/said?"). Just ask a lawyer about. – Mangocherry Jul 5 '19 at 14:29
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    Just saying: If the company doesn’t send your PAYE to HMRC, your boss is in for a lot of pain. It’s theft. It’s criminal. Not paying your employee’s salary is just being a scumbag. Keeping the employees income tax contributions and not passing them to HMRC is criminal. It’s also something where the employer is personally liable and having a Limited COmpany offers no protection. – gnasher729 Jul 5 '19 at 18:08

That looks like question for law.stackexchange But more you should contact CIPD https://www.cipd.co.uk/knowledge/fundamentals/emp-law

What I would be more concerned than taxes it that your boss might not employed you officially. So he pay you under the table while making no contributions toward your retirement plan or NHS. You might be, in eyes of the law, unemployed and without any security as you are also not registered in jobcentre.

You cannot expect someone who don't pay you on time X amount to suddenly start paying you X+Y amount. It's been time since I dabbled with UK employment law but A) there is interest counted on late payment b)not paying on time is clear breach of contract on employer side, you don't need to have to stick to termination period.

But I urge you to contact officials. Better to leave job now and look for different one now but be protected than to have yourself exposed to problems that might arise later.

  • Hello! thanks for answering my question. I'll contact them! Is there any way to verify if I'm really hired? Thanks again! – ProblemsAtWork Jul 5 '19 at 11:54
  • @ProblemsAtWork That would be HMRC. This might be the reason why people who left went to them to clear things. – SZCZERZO KŁY Jul 5 '19 at 12:06
  • I still have their contacts, apparently on HMRC the director stated that he paid them earlier (on 30th/31st) each month, when in fact he was delaying the payment! – ProblemsAtWork Jul 5 '19 at 12:18

Although there's an accepted answer, I thought could still add some value to this for OP.

TL;DR - Things will probably not improve; find another job, and make sure you are paid all wages and other costs incurred. Also make sure you get P60/P45 (see below). Start by getting all documents, especially your employment contract and making a free appointment with local Citizens Advice Bureau.

As stated in another answer/comment, non payment of wages/salary is a breach of (employment) contract. The company can remedy the breach (by paying), in which case you're still bound by the contract, however persistent, wilfull breaches (i.e. they fail to pay you again), and you can ignore the notice period.

In any event, the company, as a "consequence" of the breach, must make good any losses you have incurred as a result of their late payment. A good example of this is where you should get paid on the last working day of the month and your bill payments are deducted from your bank account on the 2nd of the month. By delaying your payment by e.g a week, your outgoing payments fail, which will result in bank charges and probably admin charges from EACH company to whom you pay money. At £8 (bank charge) plus e.g. £25 (utility company admin) per item, this can quickly add up to £100 per month.

You can call HMRC and discuss with them, but before doing so... Have you got a payslip? These are mandatory in the UK, although many tend to be online. The legal obligation upon the employer is to "provide" it either before or at payment time. If they e.g. state its only online through the company intranet and you get paid on Friday night and have no access until Monday - that's not good enough. You can request they print them.

The payslip MUST contain your tax code. The payslip MUST contain your National Insurance number.

Failing that, if you started BEFORE 6th April 2019, the company MUST have provided you with a tax summary for the tax year 06/04/2018 - 05/04/2019. This document is really important, as it proves how much tax you have paid (and therefore whether you qualify for benefits). It's called a P60. Not to be confused with another mandatory document, the P45 which is given to you on or shortly after leaving employment. It will be used by your subsequent employer to ensure you are paying the correct amount of tax.

  • this is where it gets interesting. He gave me a week holiday as part of the next month wage so i didn’t need to declare it in march. Not my choice, again, I don’t know anything about this company. They do give me a payslip, but my National insurance number is as my birth date, he said it was because it was using a temporary national insurance number and thus it was probably a mistake. After I received my permanent NINo, he gave me, in the next month, again with my birth date stating that they may have messed up the numbers and that it would be right on the next month. – ProblemsAtWork Jul 6 '19 at 15:32
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    Make sure you keep the payslips somewhere safe, so you can eventually get the tax (N.I.) contributions correctly assigned. The format for temporary NI number (NiNo) is correct and it will also have a gender identifier, however the scheme was discontinued in 2010. Your employer should definitely not be doing this. – Justin Jul 8 '19 at 8:03

This company shows every sign of crumbling to dust. How to handle this?

  1. People are paid for their work, in every jurisdiction. If your pay does not arrive, the company is in the wrong. The least they can do is frankly explain the problem and ask for your patience.
  2. With respect, don't borrow trouble. Wait until the conversation about the "thing he wants to give you" to guess what it is.
  3. Take any pay you're offered. If you get a cheque, RUN to the bank.
  4. If he says, 'I will give you this pay if you do xxxxx', point out that he already owes you the pay and should hand it over unconditionally.
  5. Don't agree to anything in the meeting. Say you need time to think it over.
  6. If he wants to give you a share in the company, that's the same as asking you to invest part of your pay. Prospective investors may ask questions such as "Why can't the company make payroll on time?" and "Does the company have any current issues with the law or the tax authorities?". Ask those questions. If you don't get straight answers, don't invest. If you do get straight answers, evaluate them carefully before you invest.
  7. If he wants to make you a director or some such thing, ask even more questions. You probably should get the paperwork and have a solicitor, paid by you, go over it before you agree to any such thing.
  8. The burden is on the company to convince you they can succeed. Be skeptical.
  • thanks! I’ll not answer any offers he’s got to my straight away. He did say it wouldn’t be money so I guess it would be either shares of if he’s got problems with HMRC, directorship to try and avoid problems. This is what I thought it would be logical.. – ProblemsAtWork Jul 6 '19 at 15:35

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