Urgent : Company acting illegally?

burnoutbabe

you have not been deprived of ANY money yet.

you can reclaim any overpaid tax from HMRC once the tax year is over, this is very common when people change jobs and wrong PAYE codes kick in.

So i don't know where you think the company owes you anything (beyond potentially March pay which isn't due yet)

getmore4less

Unless there are rock solid records of who has what stuff just disapears during administrations.

You never say you won't give stuff back but you can make it inconvenient.


Has the business got a chance of surviving if this local MD get booted out and someone takes over with the help of the Czech arm.

Thats the best way to get things sorted.

marybelle01

getmore4less wrote: »

Unless there are rock solid records of who has what stuff just disapears during administrations.

You never say you won't give stuff back but you can make it inconvenient.


Has the business got a chance of surviving if this local MD get booted out and someone takes over with the help of the Czech arm.

Thats the best way to get things sorted.

I repeat again - the only people who have mentioned administation are people here. There are many reasons for a company being struck off and nobody knows the company is in or going into administration.

But other than that - isn't it a little early to be drinking?

FireWyrm

Well, there is a Czech MD and I know his email address. I gather that the Czech office is being run properly, but it's clear that they are losing patience with the UK arm. Scuttlebutt is that the Czech MD gave the UK one an ultimatum at the end of last year and is actively seeking to oust the local MD. My Czech colleagues working in the UK tell me that if that happens, they will just shut the Uk office and the Czechs return oversees. As of the 13th, the Uk branch is in danger of being struck off, like they were last year. More to the point, they posted capital of £100 in August! Frankly, I'm not sure what the hell we are being paid with (other than a PDL is suppose) and the MD paid our expenses off his credit card and only after I mentioned HMRC. I'm not privy to all that goes on with the company financially, but I'm sufficiently senior to have access to information the rest do not. I know that the company cannot purchase software licences for our current project and are hiding from the MD of our customer...trying to stall no doubt. I wouldnt be surprised if we are not paid on the 25th and the company mearly ceases to exist.

As for the cost of the Laptop...it's worth around £1500.

I appreciate those stating it is theft, but I do feel you perhaps have a simplistic view of the situation. I don't want to keep it, it's more trouble than anything, but what I do want is to be able to put food on the table at the end of the month. This is seemingly more unlikely as the days go by and the situation develops. I have secured another job, so at worst, it will be a month before I get more money, but in the meantime, I've gone 25 days and I still need to eat.

We are not talking about a slight disagreement with a well run company here either. My MD knew what situation they were in before he offered me the job. He's been ignoring my polite but increasingly pointed emails regarding my salary and the outstanding expenses, which were considerable. He is never around, never answers his phone and I sense even the sales manager is losing patience, and he has been practically running the office for the last month.

More to the point, I still cannot locate either the payroll company or the PAYE reference number. There is nothing on the payslip which indicates it. The payslip is a double insert type with ripable sides, so reasonably official I think...not just a piece of paper run off the printer. None of my czech colleagues can tell me their name, or the reference number. Without it, the tax office say there is nothing they can do. My tax has gone into a black hole somewhere, not to mention the 6 days holiday they will owe me as well.

I gave the MD until Monday to 'rectify' the payroll situation. He has promised the draft will be available that day. I think, if I havnt heard by 1600 on Monday, I'll email the Czech MD for an explanation. In the meantime, I'll resign on Tuesday and just walk out. I work from home most of the time, so, if he would like me to come back to the office (with my laptop), he will of course pay me in full and issue me with a P45.

marybelle01

marybelle01 wrote: »

I repeat again - the only people who have mentioned administation are people here. There are many reasons for a company being struck off and nobody knows the company is in or going into administration.

But other than that - isn't it a little early to be drinking?

My apologies - I misread your post and added a "y" to "arm"!!!

marybelle01

FireWyrm wrote: »

Well, there is a Czech MD and I know his email address. I gather that the Czech office is being run properly, but it's clear that they are losing patience with the UK arm. Scuttlebutt is that the Czech MD gave the UK one an ultimatum at the end of last year and is actively seeking to oust the local MD. My Czech colleagues working in the UK tell me that if that happens, they will just shut the Uk office and the Czechs return oversees. As of the 13th, the Uk branch is in danger of being struck off, like they were last year. More to the point, they posted capital of £100 in August! Frankly, I'm not sure what the hell we are being paid with (other than a PDL is suppose) and the MD paid our expenses off his credit card and only after I mentioned HMRC. I'm not privy to all that goes on with the company financially, but I'm sufficiently senior to have access to information the rest do not. I know that the company cannot purchase software licences for our current project and are hiding from the MD of our customer...trying to stall no doubt. I wouldnt be surprised if we are not paid on the 25th and the company mearly ceases to exist.

As for the cost of the Laptop...it's worth around £1500.

I appreciate those stating it is theft, but I do feel you perhaps have a simplistic view of the situation. I don't want to keep it, it's more trouble than anything, but what I do want is to be able to put food on the table at the end of the month. This is seemingly more unlikely as the days go by and the situation develops. I have secured another job, so at worst, it will be a month before I get more money, but in the meantime, I've gone 25 days and I still need to eat.

We are not talking about a slight disagreement with a well run company here either. My MD knew what situation they were in before he offered me the job. He's been ignoring my polite but increasingly pointed emails regarding my salary and the outstanding expenses, which were considerable. He is never around, never answers his phone and I sense even the sales manager is losing patience, and he has been practically running the office for the last month.

More to the point, I still cannot locate either the payroll company or the PAYE reference number. There is nothing on the payslip which indicates it. The payslip is a double insert type with ripable sides, so reasonably official I think...not just a piece of paper run off the printer. None of my czech colleagues can tell me their name, or the reference number. Without it, the tax office say there is nothing they can do. My tax has gone into a black hole somewhere, not to mention the 6 days holiday they will owe me as well.

I gave the MD until Monday to 'rectify' the payroll situation. He has promised the draft will be available that day. I think, if I havnt heard by 1600 on Monday, I'll email the Czech MD for an explanation. In the meantime, I'll resign on Tuesday and just walk out. I work from home most of the time, so, if he would like me to come back to the office (with my laptop), he will of course pay me in full and issue me with a P45.

Please explain how a laptop puts food on the table. The last time I looked they are not edible. Is there perhaps a new version that has come out that is? You have not "not been paid" - you are not due any pay yet. Your expenses may not have been paid according to the timetable you set for paying them, but they have been paid. You therefore have no reason to be issuing ultimatums - you are not currently owed anything, you have no reason other than your supposition that you won't be, and you are proposing to attempt to make two wrongs make a right. The only way that a laptop puts food on a table is if you sell it - that is theft and dishonesty. How does acting like your employer allegedly has make you in the right?

getmore4less

marybelle01 wrote: »

I repeat again - the only people who have mentioned administation are people here. There are many reasons for a company being struck off and nobody knows the company is in or going into administration.

But other than that - isn't it a little early to be drinking?

Well I have been up since 2:00am and the Rugby had started so I thing a pint of Breakspear was in order along with the pringles.

marybelle01 wrote: »

My apologies - I misread your post and added a "y" to "arm"!!!

accepted.

Along with the pure payroll facts the OP had hinted at issues, I was speculating they may be real and offering an option to consider.

Now lets see if Wales can stuff the French, back later after a few more beers.

FireWyrm

marybelle01 wrote: »

Please explain how a laptop puts food on the table. The last time I looked they are not edible. Is there perhaps a new version that has come out that is? You have not "not been paid" - you are not due any pay yet. Your expenses may not have been paid according to the timetable you set for paying them, but they have been paid. You therefore have no reason to be issuing ultimatums - you are not currently owed anything, you have no reason other than your supposition that you won't be, and you are proposing to attempt to make two wrongs make a right. The only way that a laptop puts food on a table is if you sell it - that is theft and dishonesty. How does acting like your employer allegedly has make you in the right?

Tell me two wrongs don't make a right when you are literally broke with no food in the house and no money to buy it with. No, a laptop isn't edible. It is however something resembling leverage when it comes to forcing them to cough up my pay at the end of the month. Don't tell me that companies are 'obliged' to pay you for time worked because I damned well know that. However, there are two previous occasions in my life where employers have simply ignored the law and not paid me...in reality, there isn't a damned thing you can do about it if they decide not to pay you. Having paid the £5.99 for their accounts at companies house, I can tell you that the company is in an even worse position than I had feared. Their net capital posted in August was £100. My MD is already manifestly guilty of not paying contractors because as I mentioned, I know of one who is allegedly owed £50K.

I was only exploring the possibility of doing this when you jumped on your high horse and declared it as 'theft'. As it happens, if I don't get paid at the end of the month, it will be difficult to go another month on what I have to hand but not impossible. However the last time some venal company decided to so this to me, I ended up not eating for 7 days. I am, as we all are, sailing damned close to the wind each month. It's a situation I am working to extricate myself from, but I am far from being able to withstand this type of knock. My only concern is to ensure I get paid at the end of the month. I don't want the laptop or anything else of theirs...theft usually involves some form of covetous intent. I am concerned about being able to buy food, it's a whole different level of meaning, believe me.

anamenottaken

FireWyrm wrote: »

Tell me two wrongs don't make a right when you are literally broke with no food in the house and no money to buy it with. No, a laptop isn't edible. It is however something resembling leverage when it comes to forcing them to cough up my pay at the end of the month. Don't tell me that companies are 'obliged' to pay you for time worked because I damned well know that. However, there are two previous occasions in my life where employers have simply ignored the law and not paid me...in reality, there isn't a damned thing you can do about it if they decide not to pay you. Having paid the £5.99 for their accounts at companies house, I can tell you that the company is in an even worse position than I had feared. Their net capital posted in August was £100. My MD is already manifestly guilty of not paying contractors because as I mentioned, I know of one who is allegedly owed £50K.

I was only exploring the possibility of doing this when you jumped on your high horse and declared it as 'theft'. As it happens, if I don't get paid at the end of the month, it will be difficult to go another month on what I have to hand but not impossible. However the last time some venal company decided to so this to me, I ended up not eating for 7 days. I am, as we all are, sailing damned close to the wind each month. It's a situation I am working to extricate myself from, but I am far from being able to withstand this type of knock. My only concern is to ensure I get paid at the end of the month. I don't want the laptop or anything else of theirs...theft usually involves some form of covetous intent. I am concerned about being able to buy food, it's a whole different level of meaning, believe me.

Is that £100 their paid-up share capital?

DCFC79

OP i understand the whole laptop and leverage thing as a means to get paid. With not being in the position im not sure what to advise except maybe try and speak to the MD and say tell me the payroll number or i inform HMRC.