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Paid by cheque instead of direct to bank means we effectively get paid 5 days late: what can we do about this?
Two weeks ago we finally started getting our wages paid into our accounts (before we were getting cheques) but now our boss has taken a holiday for 2 weeks and without any warning were back to receiving flat rate checks until they return from holiday. I have been informed this is illegal and I'm trying to find out if there is anything we can do about this. Cheques take 5 days to clear and we have payments due to go out. Can you let me know what we can do about this?
Your salary should be received in cleared funds on the date you are contractually supposed to be paid. If you receive a cheque on payment day you are being paid late. If the cheque was received early so that it could clear by pay day this is not the case.
Although your employer has acted inappropriately there is little that you can do as you have been paid and so suffered no loss. You may consider raising an internal grievance and bringing to your employer's attention any direct debits that need to be met shortly after pay day, for example if the delay in being paid means you cannot meet your mortgage instalments thereby incurring additional interest charges. If you do this there can be no argument that your employer was unaware of the loss that you have suffered as a result of the late payment should they pay by cheque again and you ever need to sue them in the future.
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