Urgent : Company acting illegally?

LadyMissA

FireWyrm wrote: »

Well, I should imagine that the MD does, but he's not telling....

If they do not tell you they have something to hide

FireWyrm

LadyMissA wrote: »

If they do not tell you they have something to hide

you don't say...

Seriously, is there any other way to find out? Shouldn't there be a public record or something...like the accounts?

LadyMissA

FireWyrm wrote: »

you don't say...

Seriously, is there any other way to find out? Shouldn't there be a public record or something...like the accounts?

the accounts wont tell you the PAY ref number

You can buy them from companies house but why would you? Just say you want the PAYE ref number or you are reporting them to the HMRC for with holding it

FireWyrm

Ok, there's something to think about. Thanks very much for your input.

getmore4less

is there nothing on the payslip.

most payroll companies like to have thir name on them somewhere

Is the money transfered by bacs whats the source.

Has anyone been there more than a year, ask them whats on their P60

DVardysShadow

marybelle01 wrote: »

It isn't collateral. It's theft. If you are owed money you deal with that eventuality in they correct manner. You don't steal things.

"In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it." [wikipedia]

As far as I can see, there is no intent to permanently deprive. Sometimes, you need to be bold and at least consider an option. This is one of those cases where it is worth considering how the option might play out, rather than take too much notice of the mindlessly compliant people.

DVardysShadow

LadyMissA wrote: »

... Do not keep anything that's not yours or you will be as bad as the company.

It is not a matter of keeping it, it is a matter of not getting around to returning it. Frankly, I doubt that with all of what is going on that they will be too bothered about a laptop. While the laptop is withheld, they might feel let off the hook about March salary.

The administrators will deal with this in the end, probably. At which point, they might be prepared to transfer the laptop in exchange for the anullment of the employer's debt, which could be better than the administrators pay out. Or they might not.

marybelle01

FireWyrm wrote: »

Thank you for your response. However, things are not always so black and White. For instance, it wasn't until I mentioned the HMRC that they paid my expenses, they owe atleast one person I know of about £50K. I would not keep the laptop, I wanted to force their hand. Since payday is the 25th and if I resign on Monday, they could conceivably stop my wages out of spite and I would have no way of recovering the money. I could take them to court, but with nothing to pay the solicitor with, I wouldnt get far. This leaves me in serious trouble until next month. If I resign, hand back the laptop and act honestly, they have already shown a willingness to act dishonestly themselves since they knew the company was in trouble when they employed me and I had to obliquely threaten them to get my expenses....

Yes, actually, it is that black and white. Keeping something that does not belong to you is depriving them of something that belongs to them and that is theft. They can equally (and legally) turn around and tell you that you won't see a penny until you return their possessions. They can also call the police - and I have seen employers do this. How does this all help you? You are giving them a reason to refuse to pay you! And you do not need a solicitor to reclaim money owed, if they don't pay you. It is easy to do it yourself. The rest is irrelevant.

Emmzi

I think you vastly over estimate what a second hand laptop is worth in this day and age.

Unless you wages are under £200?

marybelle01

DVardysShadow wrote: »

It is not a matter of keeping it, it is a matter of not getting around to returning it. Frankly, I doubt that with all of what is going on that they will be too bothered about a laptop. While the laptop is withheld, they might feel let off the hook about March salary.

The administrators will deal with this in the end, probably. At which point, they might be prepared to transfer the laptop in exchange for the anullment of the employer's debt, which could be better than the administrators pay out. Or they might not.

And it won't be a case of them permanently depriving him of his wages either then will it? Just a case of them not getting around to paying them, at least until their property is returned. Maybe they are just as good at semantics. Meanwhile, they can still call the police because their property is being kept. And you are making a huge assumption that there will ever be any administrators. Nothing that has been said here indicates that there will be. An application to strike off a company does not mean that the company will ever go into administration. But giving the employer time to play semantics such as we won't pay until you return the laptop may in fact give them all the time they need to wind up and still not have paid up. Why give them a good excuse to not pay, over what is, as emmzi says,a virtually worthless laptop?