Employer borrowing money(wages) from employees

zzzLazyDaisy

Russe11 wrote: »

Other problem is that now its a month behind and over 5k it would not be a small claims case should it come to that..

There is no need to go to court. A claim to the employment tribunal is free and the £5k limit does not apply.

Write to the employer stating that if the money is not paid within seven days you will take legal action to recover the money.

If the money is not paid, make a claim to the employment tribunal for 'unlawful deduction from wages' and 'breach of contract'.

Then start looking for another job - an employer who is not in financial difficulties but still fails to pay their employees due to 'poor organisation' and being 'too laid back', is not the sort of employer any sane person would want to work for.

Russe11

what if a "employee" has one of these grey area supposedly "self employed" arrangements?

zzzLazyDaisy

Your original enquiry started out by referring to the employer as a 'company' and the worker as an 'employee'.

You have since stated that the 'company' is not actually a limited company, and is therefore a sole trader or partnership; and you are now suggesting that the 'employee' may in fact be self employed (which may or may not make any difference to the right to make an employment tribunal claim, depending on how the 'self -employment' is structured).

There isn't much point in us providing information if you are going to reply by changing the scenario. If you'd like to provide accurate facts, perhaps we can help.

Russe11

The business employs different workers on different basis, depending on several factors.

Looks like negotion on a one2one basis is the only way.

hcb42

employed or otherwise, it doesnt sound like the kind of place most people would want to be providing services/labour !