Help recovering owed wages

Eatontrifles

Here is an honest circumstance and question. Apologies in advance for the detail.

My Son was in prison for 12 months for a drug related offence. After his release he found it difficult to get a job. He was put in touch with a bathroom installer and worked as a labourer for £50 a day which would be paid into his bank account. The installer moved from the area so he needed to gain alternative employment. He was again put in contact with a bathroom installer as a labourer. The agreement was for £50 a day for the first job and £70 a day for all jobs afterwards. I have copies of texts to prove this arrangement.

The hours of the job were usually 9-2 because the installer needed to do the school run both ways and my Son cannot drive so had to work the same hours. 

The installer was very unreliable in paying him and often he had to ask for money to be paid. It got to a point where he decided he couldn't work for him anymore because of the amount owed. 

There is now a dispute taking place where the installer says he doesn't owe my Son any money although he owes him a minimum of £390 up to a maximum of £750. The reason for the difference is the installer has now saying the agreement was £50 a day but also because a job over ran (not his fault). He says he owes my Son for 10 days for that job and not the 18 he worked. So he is more or less saying he worked 8 days for free which he would never had agreed to. 

Admittedly he shouldn't have been working like this but he felt like he had little choice if he was to get back on his feet and stay out of trouble. He has learned a skill and hopes to become self employed at some point in the future. Unfortunately he has been taken advantage of and I have intervened in a reasonable way but the installer is refusing to admit he owes any money. 

The installer has some questionable practices which I think would be illegal according to employment law but I'm not sure.

Can anyone advise what we should do to try and claim back what is owed?

Any advice appreciated.

Savvy_Sue

It could be worth your son speaking to NACRO or any local organisations which support ex-offenders, to see if someone can support him with getting the money he's due. The problem may be whether texts can be used as evidence, and whether there's a realistic chance of winning a small claims case. 

I hope your son has kept records of all payments received, so that he can, in the fulness of time, do a Self-Assessment. It may not yet be an issue because as a self-employed person he can earn up to to £1000 before he has to tell HMRC, but even if his experience to date has been less than ideal, doing the right thing would be sensible. 

And do check out what local support is available for him: there may be schemes offering work experience and the like which would be far more supportive, and could lead to permanent work. 

Eatontrifles

Thanks for your reply and the useful link.
He has records on his bank accounts and yes if he gets paid what is owed he will contact the HMRC.
He really is trying to do things by the book but has been taken advantage of by someone who doesn't. This impacts on his confidence of doing the right thing.
Is the installer liable to also contact the HMRC regarding employing my Son? There was no contract of employment so I suspect not? 

Savvy_Sue

If the 2nd installer was treating him as an employee then yes. But I doubt he was.