Didn't get paid for work done

wavefunction

I’ve done some delivery driver work for DHL contractors. Realised it was not for me, left on good terms. Offered and did work until they had a replacement driver ready.

Didn’t get paid anything, the owner has gone quiet over a week ago. I know he speaks to other people just ignores me.

There must be something I could do, right? Someone suggested that I contact the police. I wonder if HMRC would be of any help?

Undervalued

It is unlikely the police will help as they will almost certainly say this is a civil matter.

Similarly HMRC. If he is not conducting his tax affairs correctly you may be able to land him in some trouble but that will not directly get your paid.

Write, setting out clearly what you believe is due and give a short but reasonable period for it to be paid (maybe 14 days) stating that otherwise you will commence action in the county court without further notice.

If need be file a small claim which you can do via Moneyclaim online.

TBagpuss

What contract did you have? We you working as a subcontractor or an employee? What terms of business were agreed in terms of when you would be paid? 

Either way, the first step would be to write to them setting out what you believe is owed and how you have calculated it.

If they don't respond, or pay, then if you were an employee then your next step would be to speak to ACAS and then pursue a tribunal claim for unpaid wages.  https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-when-you-leave-a-job/ 

If you were self-employed then issue a letter before action and then sue through the small claims court. 

Undervalued

TBagpuss said:

What contract did you have? We you working as a subcontractor or an employee? What terms of business were agreed in terms of when you would be paid? 

Either way, the first step would be to write to them setting out what you believe is owed and how you have calculated it.

If they don't respond, or pay, then if you were an employee then your next step would be to speak to ACAS and then pursue a tribunal claim for unpaid wages.  https://www.citizensadvice.org.uk/work/rights-at-work/pay/getting-paid-when-you-leave-a-job/ 

If you were self-employed then issue a letter before action and then sue through the small claims court. 

Even if the OP was an employee they still have the option of pursuing a simple claim for non payment of wages through the small claims court if they prefer. Or, as you say they could go via ACAS / Employment Tribunal. That would save them having to pay a court fee up front (which would be added to the award assuming they win in court). However if the employer is difficult and / or if there is any grey area over their employment status the small claims route may be quicker.

wavefunction

I didn’t actually get to sign anything. First he was in Romania then he kept finding excuses to postpone every time I asked him. I did tell him that I could be an illegal immigrant or not have a driving license for all he knows. Skipped the training put me on the road straight away. Very unprofessional and shady. I just thought there’s no way an employer could get away with not paying for work in this country…

From all the guys that I’ve spoken to everyone seems to hate him.

wavefunction

Lack of replies means my case is hopeless I take it?

PS. There is a whole lot of evidence that I worked there. The whole depo knows me and I’ve spoken to several people there about my concerns regarding my employer, was told that drivers always get paid, not to worry and such…
Daily sheets in my name with my signature, that must mean something, no?

68ComebackSpecial

wavefunction said:

Lack of replies means my case is hopeless I take it?

PS. There is a whole lot of evidence that I worked there. The whole depo knows me and I’ve spoken to several people there about my concerns regarding my employer, was told that drivers always get paid, not to worry and such…
Daily sheets in my name with my signature, that must mean something, no?

You've had three useful replies!

lincroft1710

wavefunction said:

I just thought there’s no way an employer could get away with not paying for work in this country…

.

Well so far he has done and yours is far from an isolated case.


What you don't state is how much you believe you should be owed. Even if you successfully sue for the money, dodgy debtors often don't pay up, Does your former employer have assets which could be seized to cover your unpaid wages?

wavefunction

lincroft1710 said:

wavefunction said:

I just thought there’s no way an employer could get away with not paying for work in this country…

.

Well so far he has done and yours is far from an isolated case.


What you don't state is how much you believe you should be owed. Even if you successfully sue for the money, dodgy debtors often don't pay up, Does your former employer have assets which could be seized to cover your unpaid wages?

I’m owed 1,500. Dude certainly doesn’t look like he’s got anything. He’s always skint I was told. He is one of the directors of that rogue company though - mist be worth something, right?

This company btw:
https://find-and-update.company-information.service.gov.uk/company/12819007

General_Grant

wavefunction said:

Lack of replies means my case is hopeless I take it?

PS. There is a whole lot of evidence that I worked there. The whole depo knows me and I’ve spoken to several people there about my concerns regarding my employer, was told that drivers always get paid, not to worry and such…
Daily sheets in my name with my signature, that must mean something, no?

Any signature other than your own?

Thrugelmir

wavefunction said:

I didn’t actually get to sign anything. First he was in Romania then he kept finding excuses to postpone every time I asked him. I did tell him that I could be an illegal immigrant or not have a driving license for all he knows. Skipped the training put me on the road straight away. Very unprofessional and shady. I just thought there’s no way an employer could get away with not paying for work in this country…

Did you receive an offer letter detailing your employment terms? If nothing is forthcoming. Speak to ACAS and the HMRC. Such individuals need to put out of business.