Hi,
I applied for a job in a cafe, and subsequently got the position. I worked for my boss for 5 months. Turns out he was terrible at paying wages, and just not a nice person at all. So I left soon after pay day on the fifth month, but had accrued holiday and wages before the pay cut off period. He had also been paying me 33p per hour less than he should hdave which he agreed in an email which I have saved.
I did not receive my last pay packet and was ready to write it off (as it had been a couple of months) when he contacted me and asked me to return the keys to his cafe and he would pay what he owed. I’d forgotten about the keys I had and dutifully returned them and informed him. He still did not pay.
I started a MCOL procedure against him. I issued it to him (his name) and added the name and address of the premises that I worked in- (XYZ...LTD)
He failed to respond to the court papers. I got a judgement by default, and he was sent a letter to the premises if Work orderingbhim to pay me.
He then contacted me by email and said that I was not employed by him, but by a LTD company and he demanded that his name was removed form the forms. Just clairification, he was in charge of everything including wages, Rotas, ordering food, employing, dismissing etc. I never met anyone in any kind of elevated position. There’re is no HR department or anything like that. There was only him, which is why I put his name down (naively)
He said once his name was off the claim he would pay up. I of course don’t trust him an inch, and would have had to pay £255 to get it set aside to make those kind of changes, and so said no. I just don’t have that kind of money.
He emailed a second time (05/10/17) and said that he had taken advice from the ‘registry office’ (I’m not sure what that is) and that the claim would not be registered because it was not a legal claim because his personal name was on the particulars. Is this right?
I did some research and found that you can indeed ‘sue’ and MD of a LTD company if he has acted illegally with regards to finances? Is withholding pay and holiday pay a contender for this clause?
Nothing on the MCOL has changed, it still says that “judgement was issued on 29/09/17"
He has emailed today (10/10/2017) and said I have been contacted by the ‘registry office’ about this by now,and once his name is taken off the claim he will pay. I’ve heard nothing.
The next part of the process is to issue a warrant, which I have today tried to do. It says when I press the link that "insufficient time has passed to action that" it’s been 12 days. I cannot find anywhere on there how long I have to wait.
Please can I get some advice, I’m young, broke and have gotten into debt due to the last wages not being paid. This is really beginning to get me down.
The total amount outstanding is £535 including the MCOL fee of £35.
Thank you in advance.
I applied for a job in a cafe, and subsequently got the position. I worked for my boss for 5 months. Turns out he was terrible at paying wages, and just not a nice person at all. So I left soon after pay day on the fifth month, but had accrued holiday and wages before the pay cut off period. He had also been paying me 33p per hour less than he should hdave which he agreed in an email which I have saved.
I did not receive my last pay packet and was ready to write it off (as it had been a couple of months) when he contacted me and asked me to return the keys to his cafe and he would pay what he owed. I’d forgotten about the keys I had and dutifully returned them and informed him. He still did not pay.
I started a MCOL procedure against him. I issued it to him (his name) and added the name and address of the premises that I worked in- (XYZ...LTD)
He failed to respond to the court papers. I got a judgement by default, and he was sent a letter to the premises if Work orderingbhim to pay me.
He then contacted me by email and said that I was not employed by him, but by a LTD company and he demanded that his name was removed form the forms. Just clairification, he was in charge of everything including wages, Rotas, ordering food, employing, dismissing etc. I never met anyone in any kind of elevated position. There’re is no HR department or anything like that. There was only him, which is why I put his name down (naively)
He said once his name was off the claim he would pay up. I of course don’t trust him an inch, and would have had to pay £255 to get it set aside to make those kind of changes, and so said no. I just don’t have that kind of money.
He emailed a second time (05/10/17) and said that he had taken advice from the ‘registry office’ (I’m not sure what that is) and that the claim would not be registered because it was not a legal claim because his personal name was on the particulars. Is this right?
I did some research and found that you can indeed ‘sue’ and MD of a LTD company if he has acted illegally with regards to finances? Is withholding pay and holiday pay a contender for this clause?
Nothing on the MCOL has changed, it still says that “judgement was issued on 29/09/17"
He has emailed today (10/10/2017) and said I have been contacted by the ‘registry office’ about this by now,and once his name is taken off the claim he will pay. I’ve heard nothing.
The next part of the process is to issue a warrant, which I have today tried to do. It says when I press the link that "insufficient time has passed to action that" it’s been 12 days. I cannot find anywhere on there how long I have to wait.
Please can I get some advice, I’m young, broke and have gotten into debt due to the last wages not being paid. This is really beginning to get me down.
The total amount outstanding is £535 including the MCOL fee of £35.
Thank you in advance.
Comment