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Can’t afford to pay my employees – What can I do?

Not being able to pay your employees is often a business owner’s worst nightmare. The workforce depends on the business, just as the business depends on its employees to function. Failure to pay staff wages and salaries on time is generally a sign of cash flow problems.

Historically, you may have been handling your daily expenses and paying staff ‘just fine’ but are currently experiencing difficulty in this area. We can help guide you through the best options for your business when it comes to employee payroll.

Common reasons I cannot pay my workforce

Usually, a failure to pay wages is a result of cash flow shortage. This could be a short-term problem for the business, such as a seasonal downturn. However, if there are bigger underlying problems within the business, such as a general decline in sales following a bad debt, loss of a large contract or late-paying clients, it could be an issue with the business model and a long-term problem.

What options are available if I cannot pay staff?

When you, as a director, are placed in the difficult situation of not being able to pay your staff, you must consider if the business is in a short-term rut or if the problem is likely to have long term repercussions.

If you can’t pay staff, but you believe the business is genuinely viable and has a future, there are solutions available to help the business survive. However, if there are deeper problems within the business, it may be necessary to ‘shut up shop’ and wind down the business in an orderly manner. In that situation, there is some protection available to employees (see below).

Is it short term & temporary?

If the inability to pay staff is only a temporary problem, the business can try some of the different options available to get a cash injection.

Ask staff to wait

Although business owners might not like it, sometimes asking staff to wait for payment is all they can do. If you believe that eventually the business can pay its employees, be honest with staff and explain the situation, hopefully, they will respond positively and support the business.

While this can give the business more time, especially if you are awaiting unpaid invoices, the fundamental problem might remain. Will the same problem occur again?

Loans

If you believe that the company is simply in a tight spot, or has just begun to struggle slightly, you could seek out a loan, from a bank, possibly friends or family. This could be a short-term temporary solution to allow you to continue trading. However, if there are underlying problems which have not been addressed, borrowing more money to help an already ‘sinking ship’ is more likely to add on further debts and creditors to the company.

If a director knows that the company isn’t working and is insolvent, they could be held personally liable for any debts incurred if they allow the company to continue to trade whilst insolvent.

Is it long term?

If there is a bigger cash flow problem which is a long-term issue, the business model needs to be assessed so that the company can find the best solution moving forward.

Is the business model viable?

If the business model is solid and could make a profit without the debt, there are arrangements which allow a company to continue trading while paying its liabilities. Which procedure is best suited for the business will depend on its current state.

More information about company recovery

Invoice financing

Invoice financing is an option only available to B2B businesses. It allows businesses to raise finance from a factoring company, based on the value of its invoices. If the business can work but is being put into difficulties with cash flow via late-paying clients, or perhaps is growing quicker than it can generate cash, it can be the perfect way to put funds into the business and pay staff. With our help, we can find you the best deal for your situation.

Company Voluntary Arrangement (CVA)

A CVA is a procedure that can help you get the company back on track, and importantly, be able to pay all your employees. It will allow the business to come to an arrangement with its unsecured creditors and reduce any debts owed on a pro-rata basis. It can give companies the chance to continue trading while repaying creditor debt. This could solve cash flow problems and enable a company to pay employees.

More information on Company Voluntary Arrangements

Administration

Administration is only a viable option if it achieves a statutory purpose, one of which is getting a better return for creditors. If the business has outstanding contracts which it can still fulfil, it could mean there is a bigger pot of money to pay back creditors once the work is complete. This includes any payments due to staff who had to be laid off because of the administration process.

More information on company administration

The business is not viable in its current structure

Sometimes the business model might not be viable in the current market, or the company is suffering from such a large amount of debt that it’s not feasible to continue. You might be better off closing the company down in these circumstances.

More information about company closure

Liquidation

If the business simply isn’t working, not being able to cover payroll might just be the tip of the iceberg. There could be much larger problems within the business, and a liquidation might be the best route moving forward. Once the liquidation process begins, the priority will be ensuring that creditors are paid back as much of their debt as possible.

Employees who are affected by a liquidation are legally able to claim holiday pay, redundancy pay, any unpaid wages and payment in lieu of notice period (limits apply) from the Government, and we will assist with this process.

Read more about Creditors Voluntary Liquidation

In summary

If your business has a future, but you are unable to meet payroll when it falls due, there are solutions to be found to keep things going and pay staff. Alternatively, if a failure to pay employees is just the start of insolvency, it’s highly recommended to start looking into the most efficient way of closing the company down.

How we can help

We can help you navigate through the process of invoice financing if there is an option for keeping the business trading. Alternatively, there may be ways of rescuing or restructuring the business. If it is time for the company to come to an end, we can offer you support for closing the company down in the most efficient manner. Whatever the situation, the sooner you ask for help, the greater number of options are likely to be available.

Dealing with creditor pressure

One of the least pleasant aspects of suffering from business debt is dealing with creditor pressure. If confronted with a persistent creditor or debt collector, knowing how to deal with them can make your situation easier to manage. If you’re aware of what separates creditor harassment from reasonable action, it can help identify when creditors are being too forceful, and you may have grounds to make a complaint.

More on dealing with creditor pressure

Case Studies

Authored by Kelly Burton

M J Squire Limited

Kelly Burton • Construction & Engineering • Creditors Voluntary Liquidation (CVL)

A bespoke joiners and shop fitters in Sheffield, M J Squire Limited, had been in its trade for more than 30 years.

However, recently it has been forced to close due to the downturn in the construction and retail industry.

The company was located at Orgeave Close in Sheffield, after working for many household names over the years including House of Fraser, Levi’s, Austin Reed and Tommy Hilfiger.

Until 2014, it had been a profitable company but over the past couple of years, it had been unable to secure profitable contracts.

February 10th, 2016 saw the appointment of Wilson Field’s Andy Wood and Robert Dymond as liquidators. This development for the company came as a result of suffering cash flow problems.

Operations at M J Squire Limited have now ceased and regrettably, all nine roles within the company were made redundant.

Andy Wood, insolvency practitioner from Wilson Field, spoke about his work on this case. 

“Declining sales at M J Squires significantly impacted cash flow and the business’ ability to meet its liabilities. In the face of tough market conditions, the director has taken the difficult decision not to continue trading. The business has closed and the assets are being sold.”

“It is very sad to see this well-known local business cease to trade after over 30 years. The downturn in the retail sector has hit this business hard.”

Authored by Kelly Burton

Designer Recliners Limited

Kelly Burton • Manufacturing • Administration, Company Voluntary Arrangement (CVA)

A Sheffield furniture manufacturer and upholster has relaunched offering a smaller, more specialised range of products.

Anico Interiors Limited, which included reclining chairs for the elderly, had suffered cash flow problems and issues with profitability.

Designer Recliners Limited, managed by director Nick Wall, has purchased the assets and business of Anico saving all 11 jobs.

Andy Wood and Robert Dymond from Sheffield business turnaround experts Wilson Field were appointed joint liquidators on 8 June and advised on the sale of the 14-year-old company, based on Orgreave Crescent at Orgreave Industrial Estate, as a going concern.

Andy Wood, associate director and insolvency practitioner at Wilson Field said:

“Historically, the company offered a wide range of products but has now streamlined its offer to customers and cut out some unprofitable lines, as well as re-vamped its web site.

“Directors took advice from Wilson Field with the business sold to new company Designer Recliners Limited as a going concern, safeguarding all 11 employees’ jobs. The new company will offer the same service and standards under the same management team but focus on a smaller range of specialised products.”

The company employs skilled staff including upholsterers, seamstresses and cutters and was set up in 2002 by Nick Wall.

Authored by Kelly Burton

Precision Engineering Business

Kelly Burton • Construction & Engineering • Administration

A bespoke precision engineering business, working predominantly in the automotive and aeronautical sectors, found itself experiencing cashflow difficulties caused by an increase in costs due to the uncertainties surrounding Brexit, and the loss of a key member of the sales team.

When the company’s largest customer reduced its spending by 50%, the director felt the business couldn’t continue and sought advice from the team at Wilson Field.

Wilson Field marketed the business and assets for sale, and a sale of the tangible assets was completed immediately following the administrators appointment, to an unconnected third party.

Kelly Burton, insolvency practitioner and director at Wilson Field, said:

“With so many complications surrounding Brexit, coupled with the loss of some key staff, the company experienced some cashflow difficulties it could not get out of.

There was a positive outcome in the end as some of the tangible assets within the company were sold, which meant a good return for creditors.”

Beverley Horton Christopher Callaghan Stephen Hall

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    mark dangerfield

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    "Brilliant, straight to the point, answered my questions promptly A+"

    EdM-56

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    "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

    Martin Fellerman

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    "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

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    mark dangerfield

    star_rate star_rate star_rate star_rate star_rate

    "Brilliant, straight to the point, answered my questions promptly A+"

    EdM-56

    star_rate star_rate star_rate star_rate star_rate

    "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

    Martin Fellerman

    star_rate star_rate star_rate star_rate star_rate

    "Very good advice and simply put without the Jargon."

    Iain W

    star_rate star_rate star_rate star_rate star_rate

    "Spoke with Chris who was able to offer me some excellent, practical advice. Extremely friendly and professional to deal with - I can't recommend them highly enough!"

    Usman Khan

    star_rate star_rate star_rate star_rate star_rate

    "Very professional company, spoke to Chris at Wilson Field, who gave clear and honest advise regarding my business matter."

    mark dangerfield

    star_rate star_rate star_rate star_rate star_rate

    "Brilliant, straight to the point, answered my questions promptly A+"

    EdM-56

    star_rate star_rate star_rate star_rate star_rate

    "Christopher Callaghan at Wilson Field help me and my business. he alimented an extremely stressful situations and explained to me every step of the way in a way that i understood. thank you. 100% recommend Christopher and Wilson Field"

    - As seen in -

    Beverley Horton Christopher Callaghan Stephen Hall

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