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Unpaid salary..........advice needed, please.
zigger
Posts: 9 Forumite
Hi,
I will try to keep this as short as possible.
Left a job last December (20 years, defence industry) after receiving a job offer from small company that installs and services equipment UK-wide. The company is owned and run by one man, using sub-contractors as required. I was to be his first full-time employee, paid by bank transfer, monthly, on PAYE.
Salary agreed and confirmed by MD, via email, along with details of role and responsibilities. The company, and MD, were based in the North and I was to be a service engineer, covering South of England, up to Midlands. He told me a contract would be drawn up, but it never was.
I was aware that money was tight, the company had a few debts (as do most companies, he said), but nothing to panic about, as the customer base was strong and it was a recoverable situation.
January was fine. I received my salary, in the bank, and a payslip.
February, my salary was paid late but I was'nt too concerned at the time.
March, I received only half my salary, and no payslip. I was also told that the contractor, for a major job we had undertaken, had gone bust and, as a result, the company would not be paid. This, obviously, made finances even tighter and I offered to take a temporary salary reduction (50%) to ease the pressure. This offer was accepted and my payslip for April reflected the reduction. However, no salary was paid into the bank (neither for April, or the outstanding for March).
May, and things came to a head. I had received a P60, detailing salary as if it had been paid when, in reality, only some of it had. I was also told that, due to issues with sub-contractors, I was to cover servicing for all of UK clients (still on half pay, which was still not being paid).
My stress levels had been climbing anyway and I felt that I was heading for a fall. I told the MD I wanted out and I asked him to issue me a redundancy letter, so that I could at least claim benefits while looking for another job. He agreed and sent me the letter.
Since then (2 months), I have given him time and space to get back on an even keel. My stance has been friendly and understanding, but I now feel that he has used this to his advantage in order to delay settling.
I mentioned in my last email to him about seeking legal advice and his response was to question how much work I had done and ask for timesheets (never mentioned when I worked for him). He says he will decide what to pay me when he has proof of what I have done. To my mind, this is irrelevant as salary paid has already been detailed on payslips, P60 and P45. By my calculations, I have a shortfall of £3,000 between what has been stated as being paid to me and what has actually entered my bank account.
Any advice as to my next step would be gratefully received.
Thank you in advance.
I will try to keep this as short as possible.
Left a job last December (20 years, defence industry) after receiving a job offer from small company that installs and services equipment UK-wide. The company is owned and run by one man, using sub-contractors as required. I was to be his first full-time employee, paid by bank transfer, monthly, on PAYE.
Salary agreed and confirmed by MD, via email, along with details of role and responsibilities. The company, and MD, were based in the North and I was to be a service engineer, covering South of England, up to Midlands. He told me a contract would be drawn up, but it never was.
I was aware that money was tight, the company had a few debts (as do most companies, he said), but nothing to panic about, as the customer base was strong and it was a recoverable situation.
January was fine. I received my salary, in the bank, and a payslip.
February, my salary was paid late but I was'nt too concerned at the time.
March, I received only half my salary, and no payslip. I was also told that the contractor, for a major job we had undertaken, had gone bust and, as a result, the company would not be paid. This, obviously, made finances even tighter and I offered to take a temporary salary reduction (50%) to ease the pressure. This offer was accepted and my payslip for April reflected the reduction. However, no salary was paid into the bank (neither for April, or the outstanding for March).
May, and things came to a head. I had received a P60, detailing salary as if it had been paid when, in reality, only some of it had. I was also told that, due to issues with sub-contractors, I was to cover servicing for all of UK clients (still on half pay, which was still not being paid).
My stress levels had been climbing anyway and I felt that I was heading for a fall. I told the MD I wanted out and I asked him to issue me a redundancy letter, so that I could at least claim benefits while looking for another job. He agreed and sent me the letter.
Since then (2 months), I have given him time and space to get back on an even keel. My stance has been friendly and understanding, but I now feel that he has used this to his advantage in order to delay settling.
I mentioned in my last email to him about seeking legal advice and his response was to question how much work I had done and ask for timesheets (never mentioned when I worked for him). He says he will decide what to pay me when he has proof of what I have done. To my mind, this is irrelevant as salary paid has already been detailed on payslips, P60 and P45. By my calculations, I have a shortfall of £3,000 between what has been stated as being paid to me and what has actually entered my bank account.
Any advice as to my next step would be gratefully received.
Thank you in advance.
0
Comments
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Anyone, please?0
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My son in in a situation quite similar to yourself, although he has worked for the company for almost 20 years.
He found ACAS very helpful.
http://www.acas.org.uk/index.aspx?articleid=1461
Their helpline numbers are
Call the Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm
My son's situation is that there are disputes within the company causing problems which seem impossible to resolve, resulting in less work being carried out, and ultimately my son's inevitible redundancy.
He has been paid each month, although usually quite late, he is wondering whether he will eventually be paid for this month.
ACAS were very helpful when my son phoned, and I think they informed him that if no salary is received within two weeks, it could be taken further.
Experts will be along soon to give advice, but hope this info is some help.
Good luck0 -
Clear case of Unlawful withholding of wages, IMO, as long as you can demonstrate (via bank statements?) that you have NOT been paid what is detailed on payslips and P60. Moneyclaim online is probably the way to go, issuing a Letter Before Action (google each of those or search this board for details).Signature removed for peace of mind0
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Thank you for your welcome advice. I'll post updates.0
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