Former employer failed to pay my final salary

Kingbroady

This was nearly 2 years ago.

The then owner sold the business to the Manager whom then moved premises. I have only now tracked them down. I know that both will be reluctant to pay. The company was awful to work for, hence my handing in my notice after only 2 months. I did everything correctly and submitted and worked my one montg's notice.

Who owes me and what can I do to claim this, please?

They gave me payslips but when I contacted the tax office they advised that the company had not declared or paid anything.

Any help greatly appreciated as I simply want what I am owed.

InsideInsurance

Was it a Ltd company? If it was then it is the companies liability which doesn't change just because the shareholders/ owners have.

If it was a sole trader or partnership then things are much messier.

Hammyman

Kingbroady wrote: »

contacted the tax office they advised that the company had not declared or paid anything.

You need to find out exactly what NI contributions have been paid as a matter of utmost importance. If they haven't paid your stamp, you are excluded from being able to claim contributions based benefits and it could affect your state pension entitlement.

Jarndyce

Too late for Tribunal - would have to be a claim to the County Court (Google 'Small Claims Court' for the procedure and advice on taking a claim).

Kingbroady

Thank you all.

I have searched on the Companies' House website and the company shows as dissolved on 30/11/2010. It was a PLC. No accounts were ever filed.

So does this now leave me screwed, please?

SarEl

Sorry - it does. There is "nobody" to take to court because the entity that owed you money does not exist any longer

terryw

You need to take up the matter of the tax and national insurance with HMRC. With proof like your payslips that tax and NI have been deducted and not paid to the authorities, it is usual for them to give the employee credit for these payments.

Jarndyce

Kingbroady wrote: »

Thank you all.

I have searched on the Companies' House website and the company shows as dissolved on 30/11/2010. It was a PLC. No accounts were ever filed.

So does this now leave me screwed, please?

'fraid so. The entity that employed you no longer exists you so cannot take it (or any of its Directors for example) to court.

Kingbroady

Thanks. Should I still report them for failure to declare my NI contributions and tax etc.? If so, to whom?

Jarndyce

Yes - to HMRC as suggested above.

InsideInsurance

It is actually more complicated than a simple no and will depend on a number of factors. To be honest, in the case of a single pay cheque your probably not worth looking into it further because of the complexities and costs that could be involved.

In certain circumstances a dissolved company can be forced back into existence using administrative restoration by a creditor to then pursue it for the debts it owes