Ex-Employer failing to pay me

EhJack

I left my old job about 4 weeks ago, I gave in my two weeks notice and worked the two weeks. I then met up with my employer to discuss what I'm owed and receive documents such as P45 etc. It was said that I'm owed just short of £1,500.

The business was a limited company and I used to work remotely from home. I had been at the job for 8 months and now it has been 4 weeks since I left and he keeps coming up with excuses to not pay me. He promises to pay me the next day and never does.

I'm now in a new job which I absolutely love, only problem is I don't get paid till next month. This is becoming seriously stressful as I have bills to pay, rent and christmas presents for my daughter who is 3.

I have been messaging my old employer everyday, but the same excuses come back. I went to CAB and they sent him a letter, though that has done nothing. I'm now unable to get back to the CAB due to it closing before I'm home from work.

I really don't know what to do! I've had to borrow a lot of money of family members, which I hate doing all because of this guy not paying what I'm owed.

Also he has put down on my P45 what he has paid and it is inclusive of the amount he is still left to pay me. Not sure if this is illegal or not.

Is there anything I can do from this point forward? I was thinking of speaking to a small claims court or employment tribunal, although these can be expensive, especially if I was to lose the case.

Thanks

monty-doggy

Can you send him a strongly worded letter stating this is a letter before action and you will use a small claims court? You can do a small claim online without the need for a solicitor, and if your letter reads well it may push him to pay you?

EhJack

When I was at the CAB they helped me with the letter that we sent to him. It was similar to what you said without being too abrupt.

I am constantly messaging him through text message a couple times a day, which he replies with "No luck with the money yet, I'm hoping by tomorrow".

It seems that he could generally just not have the money to pay me. But what aggravates me the most are the lies and excuses.

Well I had a look at the small claims court online application and it still costs £70 plus the possibility of more costs further down the line, which I seriously don't have.

I'm lost what to do

AP007

EhJack wrote: »

When I was at the CAB they helped me with the letter that we sent to him. It was similar to what you said without being too abrupt.

I am constantly messaging him through text message a couple times a day, which he replies with "No luck with the money yet, I'm hoping by tomorrow".

It seems that he could generally just not have the money to pay me. But what aggravates me the most are the lies and excuses.

Well I had a look at the small claims court online application and it still costs £70 plus the possibility of more costs further down the line, which I seriously don't have.

I'm lost what to do

What is he 'hoping' for?

He can tell you if its been paid or going to be paid

Give them 7 days to pay then put in a small claim and tell the HMRC you have a P45 but no pay !!

oh edit - you think its not worth making a claim?

Just tell the boss you are telling the HMRC you have a p45 with no pay and its incorrect.

patman99

You are correct about additional costs when using the Small Claims track of the County Court. You will have a case allocation fee (usually £40) and then a Court hearing fee (can vary from £100 - £190). You do of course get these back as they are all added on to the final figure payable by the defendant.

Don't forget that if you give your ex-boss 7 days & he fails to pay that you can also claim lost interest on the money at 8% apr.

EhJack

Thanks for the information, I've spoken to him today and he is now saying that he has two empty flats up for rent and once they are populated he will then be able to pay me with the money he gets from that.

So, with that being said it could take forever!

Would it be a good idea to perhaps seek a solicitor and maybe ask whether to push for a small claims court? I understand that the first consultation would be free so it may be worth discussing with the evidence I have, whether to pursue?

Nuisance91

If it was me the small claims court would be pushed for already. Looks to me like he knows he can take advantage because you've fell for his excuses. £1500 is a HUGE sum, so dont give up, get what you are owed. If it doesnt work out in the end, at least you tried.

DCFC79

Christmas present for your 3 year old can wait till you have the money and even then don't need to spend alot.

monty-doggy

Perhaps ask him to put this in writing so you have some proof if it later goes to court and also ask him for a partial payment now to see you through Xmas?