Paid off and no pay

[RonnieH]

Hi there I recently began working with a company 6 months ago who have now paid me off and are refusing to pay any of the monies owed to me. After 3 weeks of struggling to get a call back, message or email they finally got back to me and said the company is ceasing trading and has no money. They owe me £400 and at this time of the year is a lot! Any help on what options I have would be appreciated.
Thank you

[ULA]

Re: Paid off and no pay

I understand from your post that although you have been paid off (although not sure what you mean by this) you believe that there are still some outstanding monies owed to you - what do you believe is outstanding i.e. unpaid holiday, overtime, notice period?

Do you know whether the company has started an insolvency process? Knowing this will help in looking at what options you may have.

[RonnieH]

Re: Paid off and no pay

Sorry if it is unclear. Basically was told by text the night before that I no longer had a job with the company and not to travel to site.
Since then I struggled to gain contact with the owners of the company. When I was due to be paid on the Friday they had took £400 off my wage and said that they where told I was not doing enough work on site by the site manager. After speaking to the site manager he has told me they had no such conversation and that he would gladly come to a meeting if I arranged one to prove them liars.
i am waiting a response after asking this question about starting an insolvency process.

[Amethyst]

Re: Paid off and no pay

Have you checked the status of the company on Companies House ? https://beta.companieshouse.gov.uk/

Ummm, do you think they have sacked you off now because you asked about Paternity leave/pay ? ( just looking at your previous thread )
Did you ever get a contract/statement of terms ?

[RonnieH]

Re: Paid off and no pay

They never did show me a contract. Any time I asked about it I was told it was in the process of being made. Checked it there and it says the company is still active. I wouldn’t put it past them saying they have went under justbtonaviud paying me! The company is xxxxxxxxxxxxx if you would like to check as I don’t really know what to look for.
Thank you

[Kati]

Re: Paid off and no pay

it's still down as 'active' on Companies House

[RonnieH]

Re: Paid off and no pay

Does this mean the owner is just saying this to get me to stop trying to contact him?

[Amethyst]

Re: Paid off and no pay

Potentially. No visible sign of them going under anyway. If they are thinking about it it might be worth getting a claim in sooner rather than later. Apparently ( [MENTION=51026]Ula[/MENTION] ) you can use the Employment Tribunal process to claim unlawful deductions now ( and its free ) but you'd need to speak with ACAS first ( might be worth having a chat with them anyway as you will be able to go through the full situation with them and see what your options are ) ( The Acas helpline number is 0300 123 1100. It is available Monday to Friday 8am-6pm. )

Does your payslip show this £400 as a deduction ?

Have you calculated what they owe you for notice period/accrued holiday etc ?

Were you paid hourly on a timesheet or salaried ?

[RonnieH]

Re: Paid off and no pay

I’m unsure of what I’m owed as in holiday pay and notice etc. They gave me a txt at 9.30 at night not to come in the next day and then didn’t answer the phone or texts for about a week then another 2 weeks after that. I’m hourly paid and travel 2 hours up and 2 hours back to work everyday. So I have calculated with my travel Time and hours on site they owe me £400 or there abouts.

[Amethyst]

Re: Paid off and no pay

Were you previously paid for your travel to and from work?

Was it generally travelling 'home to on-site' or 'home to office to on-site' ?

Did they pay your tax PAYE and NI or did you have to sort that out yourself ?

[RonnieH]

Re: Paid off and no pay

Yes I was originally paid for travel although they disputed it every week. Yes they took my ni and tax off before I got my wages.
Mir was travelling to site Very morning for 8.00.