Claim of employment

JackWest

Hi there, I have an individual that stated to citizens advice that she worked for me. This is false, citizens advice sent letters saying I would be asked to go to court. With two other court proceedings not necessarily to do with my company, I paid a sum for out of court settlement, now citizens advice are saying I have to send p45, records so on. She did not work for me so how am I suppose to send something I do not have. Its cheeky enough this person even stated that she worked for me and that I owed her money. With everything going on at the moment I do not need this and need some advise on responding as I am really distressed.

Rgds Jack

mountainofdebt

Hi

I don't know what else is going on in your life, but I think whilst paying this woman off may have seemed to be the easy option at the time but in my view by doing so, you've admitted she was working for you and due the money that you paid.....and hence has made a rod for your own back.

On hat basis did the woman say she was working for you?

PlutoinCapricorn

Has this woman got any evidence on paper? Job offer, contract of employment, payslips, cheques paid in etc? Or does she say that it was an unofficial, cash in hand arrangement or self employment? Have you been sending tax and NI to HMRC for your employees? This would show that she is not on the list. Do you know exactly what she told the Citizens' Advice Bureau?

It may not be too late, someone posting very recently was threatened by HMRC because of tax owed. Even though she did not owe any, she paid them just to stop the pressure. She is now going to try to get it back.

JackWest

PlutoinCapricorn wrote: »

Has this woman got any evidence on paper? Job offer, contract of employment, payslips, cheques paid in etc? Or does she say that it was an unofficial, cash in hand arrangement or self employment? Have you been sending tax and NI to HMRC for your employees? This would show that she is not on the list. Do you know exactly what she told the Citizens' Advice Bureau?

It may not be too late, someone posting very recently was threatened by HMRC because of tax owed. Even though she did not owe any, she paid them just to stop the pressure. She is now going to try to get it back.

she came for an interview! told me she'd just been sacked from TK MAXX so hence the no employment, her english was not great, so maybe there is some understanding issue's. she has never worked for me. I have a document stating she did not work for me which she signed. It was a quick resolve to a problem for me to just pay, she will not have any evidence of working for me as she never did work for me. I hope that answer the questions in the other replys aswell. Many thanks for your response. As you are baffled how do you think I feel claiming something like this.

JackWest

nothing on paper. except when the money was given and her signing she never worked for me

Deep_In_Debt

You say you paid, what sort of pay? Why did you pay?

Sounds a bit dodgy to me.

PlutoinCapricorn

It does seem odd that CAB would send you such a letter when there was no evidence for this woman's claim. According to a former colleague who now has a senior position with them, they know well that distraught, desperate people will say anything so are careful to go deeply into all aspects of the clients' affairs so as to get the full picture, all the more when there is a language problem. I would have thought that they would advise going through a solicitor once they were convinced that the client has a case.

JackWest

I paid cash and wether it was the right thing to do or not it is now done and all im looking for is some advise as to the letter from CAB.

JackWest

SueSueSue wrote: »

And this piece of paper will mean next to nothing.

Whether she worked for you or not is a matter of fact. A piece of paper would mean nothing in this form.

It still doesnt make sense why you would pay out.

Because I have people asking for money from everywhere more than the average joe. Its to the point I want to scream and without thinking I made a mistake as I just want these issues to go away. you everdone something when you got a million things going on at once, and realised you mucked up.

JackWest

should i ask for the money back and say take me to court. not respond advice this was an out of court settlement and she never worked for me knowing she has no proof as she didnt work for me

GoToGal

It's difficult to give any useful advice without knowing the whole story.

The lady came to you for an interview, you didn't offer her a job but paid a cash settlement when she claimed you owed her outstanding pay?

Take a deep breath and calmly outline step by step what actually happened and maybe we can help.

ETA:

I've just read through this again and will outline what I think has happened.

1. You interviewed the claimant
2. You paid cash in hand to the claimant
3. She signed a piece of paper that clarified she did not work for you
4. She went to the CAB and they sent you a letter re alleged monies owed
5. You paid the alleged monies owed rather than go to court
6. The CAB have now requested copies of P45 etc which you do not have
7. The claimant never received a contract of employment nor was any PAYE deducted nor reported.

Does that seem right?