Not being able to pay your employees’ wages is one of the most distressing situations a company director can face. Your staff depend on you, and the pressure of knowing you cannot meet payroll can feel overwhelming.
If this is where you find yourself, you are not alone, we speak to directors across Scotland in this exact position every day. While this is an incredibly difficult position to be in, there are options available to you.
What are my legal obligations if I cannot pay my staff wages?
As an employer, you are legally required to pay your employees the wages they are owed, on the date specified in their contract of employment. This includes basic pay, any contractual overtime, holiday pay, and statutory payments such as sick pay or maternity pay.
Failure to pay wages on time is a breach of your employees’ contracts. Employees can bring a claim against the company at an employment tribunal for unlawful deduction of wages, and if the company is insolvent, they then become creditors of the business.
You also have an obligation to pay PAYE (Pay As You Earn) income tax and National Insurance contributions to HMRC on behalf of your employees. Failing to pay these to HMRC is treated extremely seriously and can result in personal liability for directors in certain circumstances.
What should I do if I cannot afford to pay staff wages?
If you are facing an immediate payroll crisis, here are the steps you should take:
- Be honest with your employees
This is a difficult conversation, but your staff deserve to know what is happening. In our experience, most employees respond better to honesty than being kept in the dark. Give them as much notice as possible that there will be a delay in receiving their wages. Explain the situation clearly, tell them what you are doing to resolve it, and give them a realistic timeline for when you expect to be able to pay.
You are not required to share every detail of the company’s financial position, but being upfront about the delay and the reason for it will help maintain trust.
- Explore short-term funding options
Depending on your circumstances, there may be ways to bridge the gap:
- Invoice finance – if you have outstanding invoices from customers, you may be able to release cash tied up in your debtor book through invoice factoring or discounting.
- Short-term borrowing – a business overdraft or short-term loan may provide enough breathing room to cover payroll while you address the underlying cash flow issues.
- Chase outstanding debts – if customers owe your business money, now is the time to chase payment aggressively. A polite but firm approach can often speed things up.
Be extremely cautious about taking out further borrowing if your company is already in a financial precarious position. While short-term funding options may be appropriate to bridge a temporary cash flow shortfall, adding more borrowing onto an already indebted company is not the right course of action. If you believe you company is insolvent, or may soon become insolvent, you should not take out additional borrowing.
- Speak to an insolvency practitioner
Not being able to pay your staff their wages on time should be taken as a huge warning sign that all is not well with the company’s finances. Payroll is a fundamental cost of running a business, and if there is not enough cash flow to cover it, this is a strong indicator that the company may be insolvent. If you believe your company may be insolvent, you should make it a priority to speak to an insolvency practitioner as a matter of urgency.
This does not necessarily mean the business has to close. But it does mean you need to take professional advice urgently. The longer you wait, the fewer options you will have.
A licensed insolvency practitioner will be able to help you understand your options, as well as provide expert guidance on how you should approach the situation with your employees. If the decision is made to liquidate the company and redundancies have to occur, a licensed insolvency practitioner can explain the situation to your employees on your behalf.
What happens to my employees if the company enters liquidation?
If the company is unable to continue trading and enters a formal insolvency process such as a Creditors’ Voluntary Liquidation (CVL),v your employees will be made redundant. However, they are not left without protection.
Employees of an insolvent company can claim from the National Insurance Fund (administered by the Redundancy Payments Service) for:
- Unpaid wages – up to eight weeks
- Unpaid holiday pay – up to six weeks
- Statutory notice pay
- Statutory redundancy pay
The licensed insolvency practitioner managing the liquidation will help your employees submit their claims and guide them through the process.
How can Scotland Liquidators help?
We understand how stressful not being able to pay your employees is, and we are here to help you work through it. Whether your business can be rescued with the right support or whether closing the company is the most responsible course of action, our licensed insolvency practitioners will give you clear, practical advice based on your company’s circumstances.
Call the team at Scotland Liquidators today on 0141 278 6330 for a free, immediate help and advice.



