What are my options?

Thomask

Hi

I'd really appreciate any help I can get regarding this matter.

I work freelance and am owed money from an 'employer'. In the past, carrying out the same job function in the same employment capacity I've had to file an ET1 with the Employment Tribunal against another 'employer' for an unlawful deduction of wages.

The above filing was some years ago and at the time didn't cost anything. My understanding now from doing research is there is now a (fairly hefty) cost involved, which I assume would be added to the total owing if the defendant was to be decided against.

I'd like to know my other options to pursue the matter legally. In my case, how does Moneyclaim Online compare? I see it has lower fees, at least initially, than the Employment Tribunal now has? Do I also have an option to file a claim / case with a county court? Or another organization?

I've looked into a meeting with a CAB office yet their 'visiting' hours are so short and telephone hours almost just as limited making it a difficult appointment.

Thanks

Guest101

Thomask wrote: »

Hi

I'd really appreciate any help I can get regarding this matter.

I work freelance and am owed money from an 'employer'. In the past, carrying out the same job function in the same employment capacity I've had to file an ET1 with the Employment Tribunal against another 'employer' for an unlawful deduction of wages.

The above filing was some years ago and at the time didn't cost anything. My understanding now from doing research is there is now a (fairly hefty) cost involved, which I assume would be added to the total owing if the defendant was to be decided against.

I'd like to know my other options to pursue the matter legally. In my case, how does Moneyclaim Online compare? I see it has lower fees, at least initially, than the Employment Tribunal now has? Do I also have an option to file a claim / case with a county court? Or another organization?

I've looked into a meeting with a CAB office yet their 'visiting' hours are so short and telephone hours almost just as limited making it a difficult appointment.

Thanks

MCOL is county court, but before all that send a letter before action

Thomask

OK - is there another option other than the ET or CC?
I did send an 'email before action' - though it wasn't labelled as such.
Think I called it 'intent to file legal proceedings'.
Better to send a hard copy by signature delivery too?

Thomask

Bumping this for any help.
Thanks

sangie595

You are freelance and therefore not an employee. You will have to go to the County Court. There is no other option that I am aware of.

I would always put any correspondence for court cases in the post for a signature, even if it is a copy of something already emailed

ScorpiondeRooftrouser

This is not a case of an employer failing to pay salary; it is a customer failing to pay a business he has purchased services from. Court action is your only option.

agrinnall

Thomask wrote: »

Bumping this for any help.
Thanks

What more help do you need, post #2 tells you everything you need to do?

Thomask

Thanks for everyone's replies.

As mentioned, last time I went through the Employment Tribunal (and won) with the same circumstances?

ScorpiondeRooftrouser

You can't possibly have if you were self employed. Are you using some unusual definition of freelance?

agrinnall

Thomask wrote: »

Thanks for everyone's replies.

As mentioned, last time I went through the Employment Tribunal (and won) with the same circumstances?

You've been told in several posts that you're not an employee and therefore ET is not an option. At the risk of becoming boringly repetitive your course of action is given in post #2.

ScorpiondeRooftrouser

agrinnall wrote: »

You've been told in several posts that you're not an employee and therefore ET is not an option. At the risk of becoming boringly repetitive your course of action is given in post #2.

If he went through an ET in exactly the same circumstances, as he claims, then maybe he isn't self employed. He possibly doesn't understand what "freelance" actually means, as it is the only term he has used.