Employer not paying owed wages

phingers

Hi all. My son works for a one outlet restaurant, starting there on the 27th January. He was informed he missed the payroll cutoff so would have to wait until the end of February for his money.
He provided his bank details to the owner in the last week of Feb as requested and the payroll cutoff was the end of the month.
SInce the 1st March, the owner has given multiple excuses why he is unable to pay my son. First, he said my son had given the wrong NI number - he had not. Then, there was a problem with the payroll system run by a 3rd party. Then, he said my son and the chef - who has since left - had not input their hours correctly into the system - it is not possible to get this wrong so this is another lie. He has promised to pay a small amount to 'tide my son over' and has not been forthcoming with this. My son is owed close to £1000 so my question is, how can a 20 year old best approach his employer in as strong a way as possible to get him to pay him?? Do I need to intervene somehow? Is there a legal threat that my son can make? Any advice much appreciated. TYIA

SiliconChip

You should definitely not intervene directly, you can advise your son but he's an adult and this is his battle to fight. The best option would be if he belongs to a union but I suspect this won't be the case, although potentially it could be something they would take up retrospectively if he joined now - he can find a suitable one here https://www.tuc.org.uk/joinunion

It may be worth speaking to ACAS for advice, they don't have great reputation on here although some members seem to see them as the best thing since sliced bread, this page may be helpful https://www.acas.org.uk/if-your-wages-are-not-paid

Beyond that the options are taking it to an Employment Tribunal https://www.gov.uk/employment-tribunals, raising a small claim https://www.moneyclaim.gov.uk/web/mcol/welcome, or asking a solicitor to write a letter on his behalf to demand payment.

Annisele

I think SiliconChip is right about the options available to your son to recover back pay. There's also the option of your son reporting (or threatening to report) the employer to HMRC for failing to pay minimum wage - see here.

But in addition to that, I think he should be looking for another job elsewhere. Often the reason that an employer hasn't paid wages is that it literally can't - and if that's the case the restaurant will be going under shortly regardless. It may well be that the chef has seen the writing on the wall and that's why he's left.

penners324

Sounds like the restaurant is short of cash and going bust

Penguin_

phingers said:

Hi all. My son works for a one outlet restaurant, starting there on the 27th January. He was informed he missed the payroll cutoff so would have to wait until the end of February for his money.
He provided his bank details to the owner in the last week of Feb as requested and the payroll cutoff was the end of the month.
SInce the 1st March, the owner has given multiple excuses why he is unable to pay my son. First, he said my son had given the wrong NI number - he had not. Then, there was a problem with the payroll system run by a 3rd party. Then, he said my son and the chef - who has since left - had not input their hours correctly into the system - it is not possible to get this wrong so this is another lie. He has promised to pay a small amount to 'tide my son over' and has not been forthcoming with this. My son is owed close to £1000 so my question is, how can a 20 year old best approach his employer in as strong a way as possible to get him to pay him?? Do I need to intervene somehow? Is there a legal threat that my son can make? Any advice much appreciated. TYIA

They wouldn't know this until they included your son in their FPS to HMRC, as they will get a notice of an incorrect NI number after which would give them the right one to use. 

mcpitman

I worked for a sheister in my early 20's. He owed me £400 at the time. Hint - wheel clamps from Halfords are only about £20. The release fee happened to be £400. 2 wheel clamps and they really can't move the car.

On a serious note, let your son fight his battles, but I do heavily recommend he looks for another job. Chances are if your son (quite fairly) challenges the owner for his money, he may get fired anyway.

If the restaurant goes bust, take legal action against the owner asap.

mumf

As I say to all in these situations; Join a union. I am terminally ill,and my boss is playing silly bu**ers with my pay. I just told my union rep,and it was dealt with VERY quickly! 😃