Salary non-payment dispute

[acciaio2019]

I worked for a UK-registered LLP consultancy from January 2010 to September 2016. I have a long-standing pay dispute with the firm where I was employed on a FTE contract. They didn’t have sufficient revenue to cover basic salaries. Email communications have spelt out the specifics of the dispute and my intention to take legal action to recover the money.

Specifics:

1. I left the firm in September 2016, but HMRC still record me as registered to firm.
2. Unpaid salary of £20k (post tax basis)
3. Unpaid business expenses of £1k
4. Unpaid annual leave pay-out on resignation of £1k
5. Firm reported incorrect salary to HRMC for FY2015-16 (reported as £16k whilst contract stated £50,000) despite emails confirming that I did not agree to this. This was done to avoid a tax bill by the firm.
6. Other personal costs have resulted from non-payment of salary

Some peculiarities:

1. My work email account for the firm is still working
2. HMRC still has me registered as working for the firm (i.e. hasn’t been notified)
3. The firm was on a Gazette to be struck-off in 2017 and 2018, but was taken down on both occasions – presumably because the firm intervened
4. I was temporarily released from employment by the firm by a letter signed by the firm’s head partner for the period September 2016 to March 2017, but my formal departure post-March 2017 was never formally agreed. I did not return to work for the firm and I am now working as a freelance consultant (sole trader)
5. I lived abroad for 2016-2019 (hence the delay in claiming)
6. The lead partner is a director of other active and solvent technology and advisory businesses

The MCOL approach seems the most obvious route. Questions:
a. Is MCOL suitable for a claim of this size (>£10k) and type (salary non-payment)?
b. Are there any peculiarities with LLPs that would make a successful recovery by MCOL more difficult?
c. Any comments on the chances of a successful recovery in these circumstances?

[ULA]

Hi I appreciate this is an employment related issue, however since this now a claim through MCOL I need to tag one of my colleagues to help you with this.

Amethyst do you have a view on this please.

[acciaio2019]

Any thoughts on this?