Can't help thinking I'm getting screwed over by old employer

Attila

I've been employed in a consultancy for a year now and left 1 month ago.

Due to financial issues I had not been receiving salary for around 6 months, but was receiving payslips. As a result I handed in my notice and we agreed that 3 months would be paid before I left.

This was done (with a MASSIVE struggle) though the employer was playing games by not giving me my P45. After much distress I turned up to his house and demand my P45 from his wife, which they had to give me.

Now, I'm owed 3 months salary. I have been phoning, emailing and texting him asking him when I would get the money. In the meantime he set up two other businesses with slightly different names (they'll be doing virtually the same as the one I worked for).

I have said I will take legal action (employment tribunal) and he has returned the threat saying I won't get a penny as there are a number of creditors above me!

The company is still operating under Companies House so its clearly not gone into admin yet.

Just wanted to know how could i find out if he is just calling my bluff and the company is not actually going into administration? I am absolutely livid with him at the moment and would love some advice!

Many thanks

SarEl

I need a great deal more information here. You didn't get paid - why not and why did you continue working for him? You did get 3 months pay - what was this for, what was the agreement you reached with him to obtain this? Have you submitted any formal grievances and if not, why not? What was the stated amount paid to you on the P45 - inclusive or exclusive of the alleged missed payment(s)? Can you evidence any of this? And can you evidence what you should have been paid? And finally - are you an employee or self-employed?

Attila

We did not get paid because the company was going through financial trouble. I agreed to stay on as I was assured (naively) that I things would get better. It's a small company and not some faceless giant. Though they can be better!

3 months pay given as to pay half of my salary arrears.

I have not raised greivance because I wanted to go straight to employment tribunal, can I do this? Others have tried the grievance and got nowhere.

Not sure about the P45 I need to check this. What about if it showed the total amount including the other 3 months I am owed?

I can evidence this by the payslips which I have received up to the point I left. I received these with no salary, surely this is evidence?

I am an ex-employee.

Thanks!

Attila

I just found out that my p45 has the total amount I am paid for this tax year. Yet I have only received effectively half of this.

Surely this is not legal!?

SarEl

Attila wrote: »

We did not get paid because the company was going through financial trouble. I agreed to stay on as I was assured (naively) that I things would get better. Yes, but did you stay on on the express understanding (preferably in writing), that you would be paid?

It's a small company and not some faceless giant. Though they can be better!

3 months pay given as to pay half of my salary arrears. Where does it say that?

I have not raised greivance because I wanted to go straight to employment tribunal, can I do this? No, you can't. At the least you have to write a letter of claim (outlined below)

Others have tried the grievance and got nowhere.

Not sure about the P45 I need to check this. What about if it showed the total amount including the other 3 months I am owed? Well that's dicey - because if it shows the amount you have to prove you weren't paid it ("I paid in cash, your Honour, I swear"); and if it doesn't, can you prove you didn't stay on without pay to try to turn the company around (people have done dafter things than that!)

I can evidence this by the payslips which I have received up to the point I left. I received these with no salary, surely this is evidence? Not necessarily - most people expect to recieve a payment with a payslip. It's better than nothing, but it would require some explaining if the employer claims he paid you and that the payslips are evidence of that.

I am an ex-employee.

Thanks!

I think your only course of action now is to serve the ex-employer written notice of your intention to make a tribunal claim if you do not receive full payment of the outstanding amount within 21 days - list what is owed and for what.

But be warned, whether you go down the tribunal route or the county court route (which may be faster, depends on lists in your area; and you have 6 years to apply, not three months) - you may never see any money now. This is a company, and you can only claim against the company. If it has no assets and no cash, you won't ever see the money. And if he has started up other companies I would lay bets that it has neither assets not cash, because these are usually "sold" to the new company - against which, even if this happens, you have no claim.

Attila

Hey, fistly thanks very much for all your advice.

I have been playing around with this for the last month and gladly in paying employment. I have a feeling I won't get any money, but I will pursue this more for the justice.

I will complete the grievance form and wait to hear nothing then go to employment tribunal.

If he were ever to say in court that he paid...then I hope he paid my PAYE and NI.

Thanks again for your help.

SarEl

Attila wrote: »

Hey, fistly thanks very much for all your advice.

I have been playing around with this for the last month and gladly in paying employment. I have a feeling I won't get any money, but I will pursue this more for the justice.

I will complete the grievance form and wait to hear nothing then go to employment tribunal.

If he were ever to say in court that he paid...then I hope he paid my PAYE and NI.

Thanks again for your help.

You are welcome. But don't go down the county court route then because it will cost you and if you don't get the money back you are throwing good money after bad! I am afraid that justice isn't often served up in these matters - there's no justice if he never pays! It happens all too often.