Action against Ex Employer (county Court)

sombrero

A couple of years ago I had temp work on an NHS contract. I found out that I was not receiving the full amount and the company (after short investigation) increased my hourly rate. I asked for the back dated amount.


I have email correspondence advising that I would be paid and also a complete schedule of the amounts. Other work friends are in same position as me. The schedule of what is owed to me (around £1800) is very detailed and I am satisfied it is 100% correct. I was advised by email (about 2 years ago) that I would be paid.


I think the firm tried to get money back from NHS who refused.


They keep fobbing me off. I think after 2 years I cant go to Employment Tribunal (please advise if I am wrong on this) and so I want to go to County Court. I have so much correspondence to support my case. I have sent a letter before action.


I just wanted to check that I have the right to issue a county court claim.


Thanks for any advice.

TBagpuss

I see no reason why you can make a small claims court claim. The e-mails you have recieved are stong evidence of the debt and that the company has admitted that they owe you the money.

Send a formal letter before action before you issue the claim.

sombrero

Thanks for reply


I have sent a Notice Before Action two weeks ago. My contract also calls for me formally making a grievance complaint so the firm can deal with this and that's even noted on their email correspondence which could not be better from my view.


They have documented the missing payments in a spread sheet format. They have accepted in email correspondence that they owe me this money.

skintpaul

If no reply from LBA, do court claim asap.

https://www.gov.uk/make-court-claim-for-money

agrinnall

Who are you claiming from? It's really not clear who you were employed by - if it was the NHS then who is "the firm", if it was an agency then the NHS position is irrelevant to your claim. As long as you've sent your LBA to the correct party then I think you've done the right thing so far (although why you've waited so long is anybody's guess), and if you don't get the money very soon then you should progress to legal action.