Tribunal / Unpaid wages / Advice

Jamminn

Hi all,

Ok, since the turn of the year ive not been paid properly, on time or the full amounts.

Im now owed near enough 5K, but im leaving to start a new job soon; thankfully

Ive spoke with ACAS re this but had some conflicting advice so looking to see if people can help me with these pointers....

Step 1)I raise a formal grievance, in writing, asking for the money im owed within 3 months of leaving my current employer (ill be doing it the day after I leave)

2)If no written response with 28 days i write again basically saying see you at an employment tribunal on date x

3)The tribunal does not have the power to force payment, they can only charge an 8% interest on this.

4)I take the result of the tribunal to a magistrates, who do have the power to force repayment.

So questions from above:

a)Are 1 ... 4 correct? If not, which steps
b)Is representing myself at a tribunal viable, and free?
c)Is representing myself at a magistrates viable, and only cost is the court cost?
d)The 8% interest the tribunal can command, is that what, annual?
e)Anything else i should know?

Sorry for the big post and lots of questions, if you can chip in for just one answer that would be muchly appreciated!

Many Thanks!!!

Weirdlittleman

In all honesty I think your getting ahead of yourself here.
Why are they not paying up? I would try and get a communication going with someone senior and try and get this done less formally as it will be easier and quicker, if it doesnt work then I would start the above stages.

can they actually afford to pay you? do they concede they owe the money or is there a dispute about it.

Jamminn

Thanks for the quick reply Weirdlittleman

Basically they are a very small company, where i have been the only member of staff for a long time, and we now have a very small team including me and the owner.

There isnt the cash to pay us in the company account, and we dont have the business to cover it. The owner has secured loans against his home therefore will not fold.

There is no dispute that there are funds owed, they just arent available to be paid to me.

This course is a last resort if no amicable agreement for repayment can be made; and i believe as with step 1 that i only have 3 months after leaving to go down the tribunal / court route. Therefore any agreement would have to be done within this timeframe, and if this broke im then forced to act.

Its going to be a headache, i know, but as things stand i think it may be the only way ill get my 5 grand.

Weirdlittleman

Your problem here is that ultimately to get these monies you will probably find you need to take it all the way and even then its unlikely they have assets that will be used to repay you.

I would wonder if your better renegotiating them to pay it over a period of time or such.

Jamminn

Weirdlittleman wrote: »

Your problem here is that ultimately to get these monies you will probably find you need to take it all the way and even then its unlikely they have assets that will be used to repay you.

I would wonder if your better renegotiating them to pay it over a period of time or such.

Hmm, could a magistrate force it to be paid as with court fines? Eg weekly amount that is sufficient or even bailiffs?

As with my edit on the above post, which i think i edited while you were replying, I will try and getting something mapped out amicably. But I worry that if i do this and this is broke id be too late to go through the courts?

Weirdlittleman

Jamminn wrote: »

Hmm, could a magistrate force it to be paid as with court fines? Eg weekly amount that is sufficient or even bailiffs?

As with my edit on the above post, which i think i edited while you were replying, I will try and getting something mapped out amicably. But I worry that if i do this and this is broke id be too late to go through the courts?

From the sounds of it you are going to lose out anyway. If he owes you money he probably has plenty of other people chasing it too and a court will only award what he can afford to pay. Other options are bankruptcy proceedings.

Is there any business assetss you could agree to acquire in respect of settlement such as a company car, or company equipment you have a use for.

Jamminn

Weirdlittleman wrote: »

From the sounds of it you are going to lose out anyway. If he owes you money he probably has plenty of other people chasing it too and a court will only award what he can afford to pay. Other options are bankruptcy proceedings.

Is there any business assetss you could agree to acquire in respect of settlement such as a company car, or company equipment you have a use for.

Not of any real value to me personally, or to sell on unfortunately.

Im confident he wont go through bankruptcy for a long time as the secured loans will then be callable against his mortgage. Fingers crossed it can be sorted amicably but i have a feeling court is on its way

Weirdlittleman

Jamminn wrote: »

Not of any real value to me personally, or to sell on unfortunately.

Im confident he wont go through bankruptcy for a long time as the secured loans will then be callable against his mortgage. Fingers crossed it can be sorted amicably but i have a feeling court is on its way

a bankruptcy would be unlikely to force him to sell his house; especially if there is a spouse or child though.

Jamminn

Weirdlittleman wrote: »

a bankruptcy would be unlikely to force him to sell his house; especially if there is a spouse or child though.

Ahhh, i didnt know this was the cause; i thought that was what a secured loan meant, when secured against the house.

Hmmm, intresting. Thanks for the help Weirdlittleman.

Weirdlittleman

Actually to update it does seem that forced sales of homes is becoming more common although restrictions do apply.

jimbms

I would do all I could to get my money first before other criditors force them under and you get nothing, sod loyalty and morals it is your money if they go under due to paying you then tough at least you got payed.