Unpaid Wages!!

kev_uxl

I have just recently started a new job, leaving my old employer who i worked for, for around 6 years, my old employer was a bit of a "fly by night" to say the least!! I am owed around 4 weeks wages after he managed to miss a week here and there. on leaving i mentioned this money which he said you will get it before christmas!! when everyone else gets theres, or may be even to claim reduncancy if he closes the company!,

Whats the best way about getting my owed money??




also still waiting for a p45 & p60 from this year

any help would be great!!! :beer:

zarazara

Sorry I cant say for sure but could HM tax office help?

Mudd14

The best way is to send him a letter recorded delivery stating what you are owed and that you expect payment within 7 days. I would also say that you require your P45 (P60's dont have to be sent until 31st May). At the end of the letter I would say that failure to pay the wages will result in a claim a Employment Tribunal for unlawful deduction of wages.


If he doesnt pay file a claim at ET.

kev_uxl

ok thanks, for the advise, would going the et way would be the best, even if he says company or companies no longer trade, as he has changed company names must be at least 4 times in the 6 years i worked for him, would this be the best way to get my monies owed, cheers

kev_uxl

well over a month gone by and still no wages or even the P45 or P60!!!!

should i contact ET first or send a letter threating this???

what about my P60 who do i contact about this, after speaking to an old work mate no-one have got one!!

thanks

SarEl

kev_uxl wrote: »

ok thanks, for the advise, would going the et way would be the best, even if he says company or companies no longer trade, as he has changed company names must be at least 4 times in the 6 years i worked for him, would this be the best way to get my monies owed, cheers

I am unclear as to what you are saying? Are you owed the last four weeks money, or are you owed money from odd weeks over the last 6 years? If the money you are owed is owed more than three months ago you cannot go to an Employment Tribunal as the time limit for a complaint is three months from the action complained of. In which case you would have to claim this through the County Court as a civil debt, which has a seven year (I think) limitation. But in either case you are going to have to evidence that the money is owed to you, and if this money is owed from some months or years back, or even by "companies no longer trading" rather than the individual running them, then you may well be on a hiding to nothing.

kev_uxl

SarEl wrote: »

I am unclear as to what you are saying? Are you owed the last four weeks money, or are you owed money from odd weeks over the last 6 years? If the money you are owed is owed more than three months ago you cannot go to an Employment Tribunal as the time limit for a complaint is three months from the action complained of. In which case you would have to claim this through the County Court as a civil debt, which has a seven year (I think) limitation. But in either case you are going to have to evidence that the money is owed to you, and if this money is owed from some months or years back, or even by "companies no longer trading" rather than the individual running them, then you may well be on a hiding to nothing.

its is from odd weeks over six years, so it will have to be a county court??
i have all bank statements and most wages slips from the earlier years but like i said he had changed company name at least 4/5 times in these years!!

what about the p60 is there anything i can do about that??

SarEl

I am sorry but I would not be entirely sanguine about your chances in regards to the money. Technically this would have to be treated as a debt. In the first instance you would have to show that the money was owed. Bank statements and wage slips are useful, but they do not actually prove that any money was owed. The employer could for example, say that you had had a cash sub for some reason and the lesser amount of pay is due to the repayment, and whilst the wageslip doesn't show it that is an error or mistake. He might even argue (and this actually is a legal defence) that you agreed to take no wages for some reason. Your chances would be much improved if you could show evidence in writing of having attempted to recover the money over the time since it wasn't paid.

In the second place, I am afraid that there is an issue as to who owes you the money. And that must be either a person or a legal "identity". Having a name for a business isn't a legal identity - the identity depends on whether this is a registered company or not. If it is a company of this type, it is the business that owes the money, and if that business doesn't exist any more, then you are, at best, a creditor - quite possibly if it stopped trading some time ago you have no claim at all by now. However, if there was no company then it is the individual who employed you who is liable, regardless of the changes in name of the business as the business had no legal identity of its own. In that case the person (allegedly) owes you the money and legal action is against him, provided it is within the time limits. And with all the caveats about proof that I mentioned before in either case.

That isn't to say that you cannot possibly get the money back by these means, but I beleive you would have something of an uphill struggle evidentially. Obviously, courts will not accept that you are owed money simply on your say so, and whilst I (and probably they) can appreciate that employees owed wages they haven't received may be loathe to risk their jobs by pushing the issue, they cannot assume that. To be a devils advocate, you stayed with this employer for several years - and if he was a bad employer and didn't pay you what you were owed, why didn't you get out sooner which is what most people would have done?

In terms of the P60, if he refuses to provide it, as suggested previously, HMRC would be my first call - if he claims that he has sent it and it is lost etc, in terms of a P60 HMRC allow employers to issue duplicates although they must be clearly marked as such.

kev_uxl

SarEl wrote: »

. To be a devils advocate, you stayed with this employer for several years - and if he was a bad employer and didn't pay you what you were owed, why didn't you get out sooner which is what most people would have done?

it was all of matter of hope and false promises, everyone hoped you would get the monies owed and you get told you will be getting once this job went out etc... you would get it, but things never come about, then you tell yourself enough is enough, and start looking for employment elsewhere, but to get a new job is hard enough never mind one that pays the same/better (when you get it;))

SarEl

kev_uxl wrote: »

it was all of matter of hope and false promises, everyone hoped you would get the monies owed and you get told you will be getting once this job went out etc... you would get it, but things never come about, then you tell yourself enough is enough, and start looking for employment elsewhere, but to get a new job is hard enough never mind one that pays the same/better (when you get it;))

Yes, I get that. But Courts aren't allowed to. They can't operate on sympathy. Effectively, their position is that you "acepted" this situation for a long time, so even if the "person" who owed you the money still exists to pay it, if some sort of explanation is provided for why you weren't paid it, such as you owing the money already, the court has to look on that as being just a likely as your explanation of why you never chased it up previously. Like I said, it doesn't mean that they would find against you - but nor does it mean they would find for you. At best it is a dicey claim, but that's then down to you. If you think it is worth fighting over (bearing in mind that although it isn't very much, you do have to pay the Court to make a claim) then by all means chance your arm. Just be aware that there are no guarantees and you may simply be throwing good money after bad.

Premier_2

kev_uxl wrote: »

...I am owed around 4 weeks wages after he managed to miss a week here and there. ...

kev_uxl wrote: »

its is from odd weeks over six years, ...

6 years? :eek:

I don't think I would still be working for an employer after 6 months not having paid me what I was due, let alone 6 years.