Non-payment of wages. Help please.

pinksorrell

My daughter did some work at a hotel last Christmas in the run up to Christmas to get some extra money. Hover, she has never been paid! She has contacted the manager on several occasions and has texts on her phone showing intention to pay although she hasn't received any payment. He is never available when anyone phones about this matter and the receptionist says he will ring back but, of course, he doesn't.

She took the issue to ACAS who went as far as they could with the matter but, as the hotel manager didn't reply to them, are unable to go any further. The next step would be to take him to court but my daughter is a student and the amount owed in wages (approx £150) would not cover court costs. I don't think she is meets the limited criteria for legal aid.

It seems wrong that an employer can do this in 2015 with no legal recourse. I don't believe she is the first (or last) he has done this to.
Any suggestions for what to do next? I don't want to let him get away with it.

tea_lover

Press? MP?

Stevie_Palimo

I would go there and being a hotel say to the reception you five minutes to get this sorted out prior to making a song and dance in front of any guests and hope this will make them rethink about paying her what's due, Best bet to time it when they are busy as well.


Failing that they take any notice then advise them that you will take it legal and to your local papers who may assist and name plus shame them, Again they may feel remorse and resolve or failing these work then a small court claim will not be a fortune on the amount owed and you can claim interest at a daily rate for the time taken to pay it.

[Deleted User]

pinksorrell wrote: »

It seems wrong that an employer can do this in 2015 with no legal recourse. I don't believe she is the first (or last) he has done this to.
Any suggestions for what to do next? I don't want to let him get away with it.

A Letter Before Action worked for me - within a week as I only gave 7 days, I had wages paid, just in the nick of time, it could have been so much worse


After 7 days I would have gone here
https://www.gov.uk/make-money-claim-online


I emailed and posted copy of the email printed out which could be set out as a formal letter, made no more contact as conscious of 'harassment accusation' so wouldn't have communicated beyond this as tempting as it got I even ignored a phone call received within the hour after sending the email, although it was patience that really won.
I clearly won't have them as a reference, won't be remembering my time there fondly but I did need my wage. As above poster said if they want to hold out their 'just hurting themselves' as you can add interest and if won get cost of bringing claim paid so money will come back to you.


Upside is I'd like to hope I now know what it feels like should I owe money in future.


Shame on services you spoke with because this was really simple if business is still trading.

Undervalued

pinksorrell wrote: »

She took the issue to ACAS who went as far as they could with the matter but, as the hotel manager didn't reply to them, are unable to go any further. The next step would be to take him to court but my daughter is a student and the amount owed in wages (approx £150) would not cover court costs. I don't think she is meets the limited criteria for legal aid.

It seems wrong that an employer can do this in 2015 with no legal recourse. I don't believe she is the first (or last) he has done this to.
Any suggestions for what to do next? I don't want to let him get away with it.

She doesn't need legal aid or a lawyer to make a claim in the small claims court. Also, if she has little or no income then she would probably not have to even pay the court fee - check the website.

Any fee she does have to pay would be added to the amount awarded (assuming she wins) any any costs involved in enforcing judgement.

[Deleted User]

pinksorrell wrote: »

My daughter did some work at a hotel last Christmas in the run up to Christmas to get some extra money. Hover, she has never been paid! She has contacted the manager on several occasions and has texts on her phone showing intention to pay although she hasn't received any payment. He is never available when anyone phones about this matter and the receptionist says he will ring back but, of course, he doesn't.

She took the issue to ACAS who went as far as they could with the matter but, as the hotel manager didn't reply to them, are unable to go any further. The next step would be to take him to court but my daughter is a student and the amount owed in wages (approx £150) would not cover court costs. I don't think she is meets the limited criteria for legal aid.

It seems wrong that an employer can do this in 2015 with no legal recourse. I don't believe she is the first (or last) he has done this to.
Any suggestions for what to do next? I don't want to let him get away with it.

Why, do you think, the hotel are behaving in this way?

Bottom line is if the hotel has no money (and is not making money), then they cannot so will not pay.

If funds are available to pay, and your daughter believes she has a strong case (as you indicate) then it sounds like court action would now be appropriate (after the usual LBA).

It would only cost £25 to file online. (Further costs apply if the matter progresses to a hearing, etc)
As Undervalued said, these costs are added to the claim and so usually awarded (if the claimant wins the underlying claim)

Undervalued

darkfield wrote: »

Why, do you think, the hotel are behaving in this way?

Bottom line is if the hotel has no money (and is not making money), then they cannot so will not pay.

If the hotel is still trading then it is unlikely they will cease doing so just in order to avoid paying c. £250 in wages and costs.

[Deleted User]

Undervalued wrote: »

If the hotel is still trading then it is unlikely they will cease doing so just in order to avoid paying c. £250 in wages and costs.

a) No indication provided by OP hotel is still trading

b) Even if they are still trading, if they have no money and are trading at a loss (probably illegally, but who knows?) then there is little chance in the OP's daughter ever seeing the money

Hence, why I asked the OP the question:

Why, do you think, the hotel are behaving in this way?

Undervalued

darkfield wrote: »

a) No indication provided by OP hotel is still trading

The OP said.......

He is never available when anyone phones about this matter and the receptionist says he will ring back but, of course, he doesn't.

So there is clearly a receptionist still working!

kingfisherblue

If the hotel is part of a chain, your daughter could ring Head Office and speak to payroll. If not, a LBA is the thing to do.

pinksorrell

Thanks to everyone who took the time to reply. I didn't know about the money claim online so we will go that route.

I have also contacted the local newspaper and a radio 4 consumer affairs programme (although not strictly a consumer issue).

Yes, the hotel may be part of a chain. I say maybe because we believe he has been removed from being part of the chain. However, the hotel webpage still claims to be part of the chain. I have written to head office there also.

The hotel is indeed still trading and has a swanky new webpage. I don't know why they have chosen not to pay her. There were no issues with my daughter or her work. I suspect it's a combination of money saving and bad management.

From the facebook page and trip advisor it appears that the manager doesn't respond to guest complaints either especially where refunds are concerned.

Thank you again for your useful comments. I'm going to attempt to get my daughter's wages paid to her. It's a bad experience for a youngster trying to start off on her own.