• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

No pay after leaving.

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • No pay after leaving.

    I recenty left my job on the 27th September 2013. After a year of putting up with not being paid on time or in full. As it was a new company i stuck it out and helped them out after seeing it wasnt getting no better and lots of false promises leading me into finacial difficulty i handed in my notice after 2 weeks on leave of deppression due to my work load. (More than what i should of been doing) i still have not recieved Septembers wages i am being ignored by telephone and email by the manaer and director. I have spoken to acas and went through their pre claims consiliation services which they have now dropped the case as they cannot get hold of the director. He does not pay any of the staff on time and we never got our wage slips on time i only had 2 and what he was paying into my bank wasnt what was ony wage slip. I cannot afford to take him to tribubal as i am in £2,000 debt with family due to him not paying me correct over 12months any help would be greatly appriciated
    Tags: None

  • #2
    Re: No pay after leaving.

    Ok the good news is, as this relates to unpaid wages and probably accrued holiday pay that is owed to you as well, then you do not need to go down the tribunal route, but can take the matter to the small claims court (civil court) as it is basically a debt that the company owes you for the work you did under your contract of employment.

    So what you need to do is first work out what the company owes you in wages and holiday pay that you have accrued but not yet taken this year. if your not sure how to work out what your accrued holidays are, let us know what your contract says is your holiday entitlement for the year and if its including or excluding bank holidays, and how many days you have had as holidays.

    Now you say for the last 2 weeks you were on Sick so that means you should have been paid sick pay for those 2 weeks not including the first 3 days - Though again check your contract to see if there is any company sick scheme as that may changes things.

    Then once you have worked out exactly what is owed to you you need to send the employer a LETTER BEFORE ACTION, stating that under section 13 of the employment rights act 1996 it is unlawful for an employer to withhold an employees wages that are due, withhold the employees consent, and that as you had never consented to this, that you expect the employer to pay XX amount in unpaid wages for the month of September 2013 and XX for x days in accrued holidays for the year 2013. Give them 7 days to reply with full payment enclosed making it clear that if they fail to reply that you will commence legal proceedings in the small claims court against them, as per your right to do so.

    Send the letter by recorded mail so then they will have to sign for it and you will then have proof that they had received it.

    Though i will point out that issuing a claim online costs about £80 (last time i checked) for the small claims court, though you will get this back once you win in court. Plus its a lot cheaper than tribunal fees.

    Also if you take it to court, then you can also claim damages for the financial detriment their unlawful action left you in. So its worth adding to the letter, that should this matter go to court, then you will also claim damages for the financial detriment that their unlawful action of withholding your wages left you in - Do not state what the financial detriment was though as they do not need to know that as of yet. You may even be able to claim for emotional distress that was a result of all this or there actions when you were employed by them, but don't mention that to them as yet.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: No pay after leaving.

      Wow thats fantastic advice thank you so much. I have spoken to acas and cab amd they basically said they cant help me. What would happen if he didnt turn upto court?

      Comment


      • #4
        Re: No pay after leaving.

        If they did not turn up in court, then you would win by default and they would be ordered to pay you what is owed, plus any damages or compensation and your court fees. If they failed to pay up you can then go back to court to have the court order enforced by the high court enforcement officers (Think BBC Program: The Sheriff's Are Coming). They will then go pay your former employer a visit and if he refuses to pay up they can seize goods to sell at auction to cover what is owed to you as well as the HCEO's own fees for enforcing and recovering the debt.

        Though before you take court action its very important you send them the Letter Before Action by recorded delivery. That way you will have proof you sent it and they received it, or possibly that they refused to sign for it.

        You could also call HMRC and report the unpaid wages, as it also means they have not paid your income tax and NI that is owed to HMRC and also means they haven't paid you NMW for the last month of your employment too, because they have basically paid you nothing for the hours you worked in the last month. Also mention their failure to pay you SSP for your last two weeks of employment where you were off sick during your notice period. Off course theres no guarantee HMRC will help, but its worth giving them a shot before taking the legal route!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #5
          Re: No pay after leaving.

          Thankyou so much i have drafted a letter based on what you have said so i will send recorded delivery first thing tomorow. Would it be an idea to email it to him aswell?

          Comment


          • #6
            Re: No pay after leaving.

            You can email it yes and forward a copy (CC in email terminology) to a secondary email address of yours and print it out, making sure it shows that your send it to the employer as well. That way you have proof the email was sent to him as well as proof he received the written letter in the post as well. Use LETTER BEFORE ACTION in the emails subject field as that will likely catch their eye and make them sit up and take note.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: No pay after leaving.

              I will try but highy doubt i will get a response this guy is a snake! Hopefully one day he will get his what for. Many thanx for all of your help i greatly appriciate it

              Comment


              • #8
                Re: No pay after leaving.

                Let us know how things progress of if you need any further help if he doesn't reply.
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment


                • #9
                  Re: No pay after leaving.

                  Hi lauralouise660,

                  If you are on benefits/reduced income, you can ask the court to consider a fee remission.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                  Announcement

                  Collapse

                  Welcome to LegalBeagles


                  Donate with PayPal button

                  LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                  See more
                  See less

                  Court Claim ?

                  Guides and Letters
                  Loading...



                  Search and Compare fixed fee legal services and find a solicitor near you.

                  Find a Law Firm


                  Working...
                  X