Help with employer

Louise_1

Not sure where would be the right place to post so feel free to direct me in the right direction!!

I started working as a nanny for a family recently who receive universal credit and the childcare portion to help cover my wages.

Now they have shown me proof the Universal credit is paying them but when it comes to paying me they are full of excuses such as sanctions being placed or lack of payment by UC when they have shown me just days before it's been paid.

I know the system says they must pay me first then claim back the monies but I know they fail to do this.

Now I have been without wages for over 2 months, they have received the money from UC but have not passed it on to me.

Universal credit will not talk to me.Isthere anything I can do to get the money that is owed me?

kingfisherblue

Louise_1 wrote: »

Not sure where would be the right place to post so feel free to direct me in the right direction!!

I started working as a nanny for a family recently who receive universal credit and the childcare portion to help cover my wages.

Now they have shown me proof the Universal credit is paying them but when it comes to paying me they are full of excuses such as sanctions being placed or lack of payment by UC when they have shown me just days before it's been paid.

I know the system says they must pay me first then claim back the monies but I know they fail to do this.

Now I have been without wages for over 2 months, they have received the money from UC but have not passed it on to me.

Universal credit will not talk to me.Isthere anything I can do to get the money that is owed me?

UC cannot talk to you as you are not the claimant. To be honest, I would be looking for another job, and then I would sue for wages through the small claims court (I think this is done online now, but don't know enough about it).


If they are messing about paying you, they might not have paid any NI or tax due either. You should also consider the fact that if they are having difficulties paying you now, then you may have ongoing problems. How long are you willing to work without payment, and how long will it take them to catch up? I doubt that they are just going to put all of the outstanding wages into your account in one fell swoop.


If you are not receiving minimum wage, you can report them to HMRC. You can also check with HMRC to see if any tax has been paid.

Comms69

Louise_1 wrote: »

Not sure where would be the right place to post so feel free to direct me in the right direction!!

I started working as a nanny for a family recently who receive universal credit and the childcare portion to help cover my wages.

Now they have shown me proof the Universal credit is paying them but when it comes to paying me they are full of excuses such as sanctions being placed or lack of payment by UC when they have shown me just days before it's been paid.

I know the system says they must pay me first then claim back the monies but I know they fail to do this.

Now I have been without wages for over 2 months, they have received the money from UC but have not passed it on to me.

Universal credit will not talk to me.Isthere anything I can do to get the money that is owed me?

How is a couple who claims UC able to afford a nanny? (I mean they cant clearly, as they aren't paying you) but surely this thought mustve crossed your mind?

Comms69

kingfisherblue wrote: »

UC cannot talk to you as you are not the claimant. To be honest, I would be looking for another job, and then I would sue for wages through the small claims court (I think this is done online now, but don't know enough about it).


If they are messing about paying you, they might not have paid any NI or tax due either. You should also consider the fact that if they are having difficulties paying you now, then you may have ongoing problems. How long are you willing to work without payment, and how long will it take them to catch up? I doubt that they are just going to put all of the outstanding wages into your account in one fell swoop.


If you are not receiving minimum wage, you can report them to HMRC. You can also check with HMRC to see if any tax has been paid.

Unfortunately as long as the 'debt' covers an amount above NMW/NLW HMRC cannot act.


There is a difference between not being paid, and not being paid the NMW/NLW


- yes small claims is done online 'MCOL'

kingfisherblue

Comms 69, thank you for clarifying. I'm not sure whether the OP is actually receiving NMW as it appears that the couple are paying her (or not paying!) the amount of UC specified for childcare - and I doubt if this would cover the NMW.

calcotti

I thought childcare costs were only included in UC in arrears and claimant is supposed to provide evidence of what they have paid each month in order to get it included in the monthly UC payment. If they haven't paid you what evidence are they producing that they have paid. They appear to be committing benefit fraud.

TELLIT01

The OP needs to deal with her employer not directly with UC. The ethos behind UC is that any payments are made to the recipient of the benefit, and it is then the responsibility of the recipient to ensure that money is passed on. HB for example is paid to the claimant and in many cases is not being passed to the landlord.

poppy12345

calcotti wrote: »

I thought childcare costs were only included in UC in arrears and claimant is supposed to provide evidence of what they have paid each month in order to get it included in the monthly UC payment. If they haven't paid you what evidence are they producing that they have paid. They appear to be committing benefit fraud.

If this is correct then surely the OP can report them to DWP for benefit fraud?

xylophone

In your position I'd be looking for a new job.

Alice_Holt

xylophone wrote: »

In your position I'd be looking for a new job.

Exactly.
Although TBH I wouldn't class her current position without pay as a job.

Then report them for benefit fraud.
And consider a small claims court action. However be aware that you may incur costs, the couple may not settle, and you would then be further out of pocket.

Try ACAS
http://www.acas.org.uk/index.aspx?articleid=4489