Employer Owes Me Money

jimmypounder

Good Evening,

When i say employer owes me money i actually mean owes my wife..

A bit of background my wife worked for a complete joke of a boss, she was always paid late was lied to constantly about why she had to wait for simple payments of pay and things like fuel allowance..

She eventually signed a compromise agreement after they had a fall out over the issue which had gone on for around a year. This payment of £2800 is now overdue by almost 3 weeks and the employer is being very evasive about the subject. My wifes solicitor has emailed the employer asking about the payment to which the reply was the payment is imminent..

The employer also has yet to give my wife her latest p60 and recent conversations with HMRC has shown that the employer has not paid any tax on my wifes behalf even though it was taken from my wifes pay each month..

Obviously this is causing a lot of stress because my wife is job seeking now and we feel as though this could go on forever and our hands are tied...

She is also waiting on some payslips and her p45..

As I m writing this i cant believe this woman is actually in business!!

Can anybody give us any advice I hate the feeling that someone is taking the p**s and is getting away with it...

Many thanks

jdp1970

This happened to me before.
Company were unbelievable...not only did they mess me about but they messed their customers about!
I jus kept on and on at them and eventually I got paid.
At one point, I told them I was going to get a poster made up to put in their window, saying "Do not do business with this company...."

It made me feel sick and angry.

DVardysShadow

Consider taking the matter to an Employment Tribunal [waits to be told you can't] before the 3 months is up. At least get the complaint filed. As I see it, if the compromise agreement is not fulfilled, then either side can act as though it had not been made.

jimmypounder

It makes me sick with fury because my wife is so upset and stressed..

Im not moaning about the legal system but i dont understand how people can get away with it...

Part of the compromise agreement was for the employer to gaurantee a good reference, If she cant keep up the financial side of the agreement how will she keep up that side of agreement... which obviously will affect future job applications..

Grrr

SarEl

DVardysShadow wrote: »

Consider taking the matter to an Employment Tribunal [waits to be told you can't] before the 3 months is up.
.

Excellent guess!

You can't take it to an employment tribunal. A compromise agreement has been signed - it it therefore a matter of civil debt, and must be dealt with through the appropriate court for debt. This is unfortunate because if, as it sounds, the employer won't have the money to pay, dpeending on the legal status of the employer, you may never see the money at all.

Uncertain

DVardysShadow wrote: »

Consider taking the matter to an Employment Tribunal [waits to be told you can't] before the 3 months is up. At least get the complaint filed. As I see it, if the compromise agreement is not fulfilled, then either side can act as though it had not been made.

I'm sure SarEl or Daisy will tell us for certain but I don't think you can enforce the CA via an ET. Obviously the OP could attempt to have it enforced through the courts just like any other contract but with the usual difficulty of suing those who can't or won't pay.

Regarding the reference, if the employer fails to provide what has been agreed then and resulting losses could be pursued through the courts. However, the employer "putting the boot in" behind the scenes would be much harder to prove.

LL30

jimmypounder wrote: »

It makes me sick with fury because my wife is so upset and stressed..

Im not moaning about the legal system but i dont understand how people can get away with it...

Part of the compromise agreement was for the employer to gaurantee a good reference, If she cant keep up the financial side of the agreement how will she keep up that side of agreement... which obviously will affect future job applications..

Grrr

Did your wife see a copy of the agreed reference? Or did the CA just state that the employer had to give a 'good' reference? Very wishy washy, I take it you had a solicitor to over see the process? I feel for you, horrible situation!

jimmypounder

Thank you for your posts guys!

SarEl If i was to treat this as a debt were do i go from here? Our solicitor has offered to send Debt Collection letter.. One letter costs £15.. I can see this being a very expensive process..

Even if it went to County Court she still might pay a £1 a week or something??

James

SarEl

Uncertain wrote: »

Which is more advantageous to the OP? Have the CA fulfilled or have it declared void and take the case to an ET as if it had never existed.

I'm sure SarEl or Daisy will tell us for certain but I don't think you can enforce the CA via an ET. Obviously the OP could attempt to have it enforced through the courts just like any other contract but with the usual difficulty of suing those who can't or won't pay.

Regarding the reference, if the employer fails to provide what has been agreed then and resulting losses could be pursued through the courts. However, the employer "putting the boot in" behind the scenes would be much harder to prove.

Already did! The CA was obviously dealt with through legal advice therefore it cannot be null and void. It is therefore a legal contract and must be treated as such. The ET has nothing to do with it.

SarEl

jimmypounder wrote: »

Thank you for your posts guys!

SarEl If i was to treat this as a debt were do i go from here? Our solicitor has offered to send Debt Collection letter.. One letter costs £15.. I can see this being a very expensive process..

Even if it went to County Court she still might pay a £1 a week or something??

James

Bearing in mind - I do employment law and not debt (and I'm a bit ropey on debt as I haven't practiced in the area)... You can send a letter before action yourself (google it - or I bet there are templates somewhere on this site!) which costs nothing and I would be loathe to wrack up more legal bills in your position as I suspect you may never see the money. Sorry, but it sounds unlikely! The letter must be addressed to the debtor - it may be a limited company and if so that is the debtor, and if not, to the individual. You can also lodge the court papers yourself - it isn't free but it is minimal cost. Given you have the CA then evidence of the debt is not an issue. But payment is. If they cannot pay then yes, the court could order installments (you can add your costs to the bill too by the way) - but if it is a limited company and that company folds, you will probably never see a penny. It may be different if it is an individual - it depends on whether they decalre bankruptcy or not, but I am definitely out of my comfort zone on that one. Sorry

ernie-money

Hi,
I hope you've got somewhere with this since your last post - I've read this thread with some interest, as my other half is in a similar position. Well, similar in so much as that he is being owed money for work carried out, but that's where the similarities end. He's self employed and has invoiced a company for 2 weeks of work, plus expenses and not had a penny of it. I was looking at taking it to small claims court, but as it costs money, and there's no guarantee they will pay, even if the court rules in our favour, I was wondering about contacting a debt collecting company...?
I know they might not be nice people (no offence to anyone) but the company who owes us the money are pretty nasty as well, and at least then we wouldn't have to pay the court fee upfront (I know it's only £80, but after missing 2 weeks money, we're not exactly loaded, and with Christmas coming up and all...) or do any paperwork, or potentially go to court. I realise they will take a cut of the money, but as long as we get a share, and it's no longer in their bank!
Does anyone have any experience or advise to share with us?