Partner owed four months wages what's next step please

saterkey

Partner works part time at small company just him and boss. For a couple of years now he's has not paid us on time and basically says when I get paid u will get paid. This is the most he's owed us now nearly four months about three thousand, partner has taken on another job one to two night shifts 8-2 as well as carrying on working during day for company.

We tried cab before Xmas got him to sign letter to say he would give us what he owed us and then regular monthly thereafter, he sold shares and we got down to one and half owed its now may and its worse again.

If partner leaves he will lose the four months pay, if he leaves a job I understand he can't get job seekers, we keep asking boss and get a bit as and when it's so frustrating. We don't know what's the next step and appreciate help and ideas from you knowledgeable folk please

We are looking now for another post for him but it's hard to know what else to do as he is a printer by trade

marliepanda

Not able to help on the employment side, however;

You can't get JSA if you quit a job without good reason. However, not being paid for 4 months would absolutely be a 'good reason'

Leaving Should not negate the fact that he is owed back pay.

Masomnia

marliepanda wrote: »

Leaving Should not negate the fact that he is owed back pay.

It definitely doesn't.

As a first step I would suggest your partner put in writing exactly how much is owed and request when it will be paid.

If nothing else it will help their case if their employer acknowledges it.

Everything in writing from now on.

You can issue a letter before action and take legal steps if it isn't paid, but try and sort without doing that first... and look for a new job!

xapprenticex

you continued working for 4 months without pay!!!

TELLIT01

Partner needs to find a new job and then put a claim in through the Small Claims Court as it seems pretty apparent that the money isn't going to be forthcoming.

sangie595

I agree with Masomnia. Put everything in writing. Every time, all the time. You need evidence.

Hers a warning. There is every chance that this guy is trading whilst insolvent. If he can't pay wages, he shouldn't be trading. That is illegal. It won't take much to tip the balance - and he'll end up out of business. But unless he declares insolvency - which costs money he won't have - then your husband loses everything. The government's insurance scheme only covers people who have an employment tribunal judgement or have employers who have become insolvent. If he just shuts down - or is shut down- without insolvency, then you lose the lot, including any redundancy money, holiday pay and notice pay owed.

I suggest you take a tough line, and stick to it. And, if necessary, start tribunal proceedings. A money claim is cheaper, yes. But it does not afford the same protection as a tribunal if he shuts up shop.

System

saterkey wrote: »

If partner leaves he will lose the four months pay,

No he won't. The employer legally has to pay it. He can recover it through county court, sending in the bailiffs if needs be. I wouldn't give a second thought to doing that to an employer like that even if it means the closure of the business.

if he leaves a job I understand he can't get job seekers

He can. His boss has forced him out of the job.

saterkey

Thank you for all replies, I'm temping and also looking for work so we were waiting for me to be on an even keel before him starting, but time is ticking on. We had to go to a tribunal 2008 for same guy, he laid everyone off half hour notice, then took partner back on part time few months later under different company name, if partner doesn't print there will be no money coming in and he will close down which makes us feel guilty and there will be no money anyway, it's makes me so angry, but he's treating us as fools and we do need to get a grip sadly, we were concerned he wasn't paying national ins, but he is up to date with that as its against the law. As we do not have lots of money we were hoping he would do the decent thing and pay up rather than small claims, partner is also dyslexic and struggles with paperwork so jobs choices are limited for him.

How much to do small claims and how do you start with that?

Undervalued

Tarambor wrote: »

No he won't. The employer legally has to pay it. He can recover it through county court, sending in the bailiffs if needs be. I wouldn't give a second thought to doing that to an employer like that even if it means the closure of the business.


He can. His boss has forced him out of the job.

Only if there are sufficient assets for the bailiffs to seize, sell and cover their costs. All too often there are not. Equipment may be leased or on HP, there is presumably no money in the bank and s/h furniture. fixtures and fittings are worth very little.

Sangie's advice to claim via an Employment Tribunal is very valid in this case for the reasons s/he has explained.

steampowered

Find a new job ASAP, and start formal court or tribunal proceedings for all money owed as soon as he resigns.

He should get on with it. If the business is genuinely struggling, the longer he waits, the less likely he is to see any of the money he is owed.

Undervalued wrote: »

advice to claim via an Employment Tribunal is very valid in this case for the reasons s/he has explained.

Why it is being suggested that claiming through an Employment Tribunal would be a better way of proceeding rather than issuing a small claim?

These days Employment Tribunals tend to be more expensive than small claims for unpaid wages claims.

You need to go through the county courts to enforce Employment Tribunal judgments anyway.

steampowered

saterkey wrote: »

How much to do small claims and how do you start with that?

It is a very simple and cheap process.

The first step is to send the employer a formal 'letter before action'. It doesn't need to be complicated - it simply needs to say how much is owed, ask for payment within 14 days, and say that court proceedings will be issued if payment is not forthcoming.

If you don't get an acceptable response to the 'letter before action', you can issue a claim on the moneyclaimonline website at https://www.moneyclaim.gov.uk/web/mcol/welcome.

The website will take the initial fee when you file the claim. You can google for form EX50 if you want the full breakdown of court fees.