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Hi All,
A bit of advice please.
My son applied for a job as a trainee mechanic/tuner with a local automotive and tuning company via facebook. He went for an interview and was asked back for a trial day. At the end of the day, the owner said 'see you tomorrow'.
We made sure my son had his bank details to hand and also right to work evidence with him. The owner never took any of this. After two weeks, the owner verbally offered him the position and confirmed salary (basic wage for a 20 year old). My son was in every day, worked longer than required and even took in his own videography equipment to make video clips for the compay's social media, as well as maintaining customers cars and partaking in upgrades and tuning.
A week later the boss said he'd changed his mind and actually needed a fully qualified mechanic. Said he'd have my son back any time once more experienced.
Of course, my son was very dissapointed, buy, hey ho, he'd only been there three weks, and the owner can change his mind. Son texted the guy his bank details for him to pay his wages. This was early December. No sign of wages at Christmas and nothing by the 31st which is the latest date he should have received payment.
Again, my son asked politely to be ignored.
I got involved in January (I'm a chartered accountant) and asked what was going on as I'd have to contact a solicitor. Phoned him and the owner agreed to pay on the 22nd January. On the 21st I texted to confirm the owner had everything he needed. Reply was yes, but due to cash flow they would need to split what was owed. £750 in wages and £100 for expenses - they had sent my son out to but parts for cars out of his own pocket).
I said 'ok I understand'.
First half of £425 arrived on the 22nd (eventually after I reminded him again).
Roll on a week, and I text the guy again to check all is set up for the second payment on the 29th Jan. Yes. Owner replied, could he arrange for the video shots my son took to be sent to him.
Anyway, no payment on the 29th. I texted on 30th asking where the cash was as I would be submitting a claim to small claims court.
Things then got nasty. Owner said 'you haven't sent the video (why would my son do this if he hadn't been paid) and I will counter sue for damages caused by your son.
I replied that it was he who employed my son without right to work checks and that was illegal - he'd never seen or retained proof of my son's legal right to work in the UK. I agreed that we would put the 15gb of video onto a google drive for him to access. The guy then agreed to pay. He said he'd forgotten and wasn't witholding pay.
We know nothing about damage, but I can only guess is that when you remove old and rusted parts on used cars, occasionally bolts snap and they are replaced. But an employer can't deduct wages for accidental damage unless it's specifically mentioned in his employment contract. My son did not have a contract. My son has no idea what the guy is on about, but he took my response with a court claim as a threat.
Unfortunately, I'd asked for some advice on another forum, and someone put 2 and 2 together and hit the company's facebook page with a bad review. I don't have facebook, but got this removed - the owner had seen it. I managed to send a message to this random forum member about taking the link off. He did. Owner then calmed down. This was done without my knowledge, but will have seen the forum article, and people saying take him to the cleaners.
Owner promised to pay, texted 3pm yesterday to confirm. Texted again at 6pm saying not forgotten, been busy. The money hasn't arrived. Still hasn't been deposited, although some banks may not show until Monday into the recipients account.
My main worry is the guy owns a crain hire business that he put into administration 12 months ago, then opened another company - leaving creidtors owed money. The new crain company has had it's operators licence revoked recently as it has no-one qualified, nor does it have sufficient funds in the bank, as required legally to have a license. The company had net debts.
All this info was easily available on companies house. Two other businesses were compulsory de-registered. His current company is in trouble too as he couldn't afford to pay my son £850.
All I'm trying to do is make sure my son is paid for his time. There are issues they hte company will need to address in regarde to employment, HMRC regulations (correct deduction on tax, NI and employers NI) which hasn't happened, and, of course, employing people without 'right to work'.
The guy is a cowboy.
I assume my best course of action is small claims next week if payment isn't forthcoming. ACAS are involved, but have been useless - they know he's paid half my son's wages. It wouldn't take uch for me to report the company to HMRC, but all I really want is my son just to get paid.
It's left him short of money. He had a part time job delivering pizza but lots hours due to the long hours with the car company, and also turned down a job offer during those 3 weeks. He's spiralled into depression ans isn't gettin gout of bed other than to deliver pizza in the evenings. He's managed to get some hours back but is relying upon universal credit to top him up.
I've already had to bail him out a number of hundreds of pounds as his car needed essential maintenance and tyres (something he would have covered with this full time job).
Any advice appreciated.
A bit of advice please.
My son applied for a job as a trainee mechanic/tuner with a local automotive and tuning company via facebook. He went for an interview and was asked back for a trial day. At the end of the day, the owner said 'see you tomorrow'.
We made sure my son had his bank details to hand and also right to work evidence with him. The owner never took any of this. After two weeks, the owner verbally offered him the position and confirmed salary (basic wage for a 20 year old). My son was in every day, worked longer than required and even took in his own videography equipment to make video clips for the compay's social media, as well as maintaining customers cars and partaking in upgrades and tuning.
A week later the boss said he'd changed his mind and actually needed a fully qualified mechanic. Said he'd have my son back any time once more experienced.
Of course, my son was very dissapointed, buy, hey ho, he'd only been there three weks, and the owner can change his mind. Son texted the guy his bank details for him to pay his wages. This was early December. No sign of wages at Christmas and nothing by the 31st which is the latest date he should have received payment.
Again, my son asked politely to be ignored.
I got involved in January (I'm a chartered accountant) and asked what was going on as I'd have to contact a solicitor. Phoned him and the owner agreed to pay on the 22nd January. On the 21st I texted to confirm the owner had everything he needed. Reply was yes, but due to cash flow they would need to split what was owed. £750 in wages and £100 for expenses - they had sent my son out to but parts for cars out of his own pocket).
I said 'ok I understand'.
First half of £425 arrived on the 22nd (eventually after I reminded him again).
Roll on a week, and I text the guy again to check all is set up for the second payment on the 29th Jan. Yes. Owner replied, could he arrange for the video shots my son took to be sent to him.
Anyway, no payment on the 29th. I texted on 30th asking where the cash was as I would be submitting a claim to small claims court.
Things then got nasty. Owner said 'you haven't sent the video (why would my son do this if he hadn't been paid) and I will counter sue for damages caused by your son.
I replied that it was he who employed my son without right to work checks and that was illegal - he'd never seen or retained proof of my son's legal right to work in the UK. I agreed that we would put the 15gb of video onto a google drive for him to access. The guy then agreed to pay. He said he'd forgotten and wasn't witholding pay.
We know nothing about damage, but I can only guess is that when you remove old and rusted parts on used cars, occasionally bolts snap and they are replaced. But an employer can't deduct wages for accidental damage unless it's specifically mentioned in his employment contract. My son did not have a contract. My son has no idea what the guy is on about, but he took my response with a court claim as a threat.
Unfortunately, I'd asked for some advice on another forum, and someone put 2 and 2 together and hit the company's facebook page with a bad review. I don't have facebook, but got this removed - the owner had seen it. I managed to send a message to this random forum member about taking the link off. He did. Owner then calmed down. This was done without my knowledge, but will have seen the forum article, and people saying take him to the cleaners.
Owner promised to pay, texted 3pm yesterday to confirm. Texted again at 6pm saying not forgotten, been busy. The money hasn't arrived. Still hasn't been deposited, although some banks may not show until Monday into the recipients account.
My main worry is the guy owns a crain hire business that he put into administration 12 months ago, then opened another company - leaving creidtors owed money. The new crain company has had it's operators licence revoked recently as it has no-one qualified, nor does it have sufficient funds in the bank, as required legally to have a license. The company had net debts.
All this info was easily available on companies house. Two other businesses were compulsory de-registered. His current company is in trouble too as he couldn't afford to pay my son £850.
All I'm trying to do is make sure my son is paid for his time. There are issues they hte company will need to address in regarde to employment, HMRC regulations (correct deduction on tax, NI and employers NI) which hasn't happened, and, of course, employing people without 'right to work'.
The guy is a cowboy.
I assume my best course of action is small claims next week if payment isn't forthcoming. ACAS are involved, but have been useless - they know he's paid half my son's wages. It wouldn't take uch for me to report the company to HMRC, but all I really want is my son just to get paid.
It's left him short of money. He had a part time job delivering pizza but lots hours due to the long hours with the car company, and also turned down a job offer during those 3 weeks. He's spiralled into depression ans isn't gettin gout of bed other than to deliver pizza in the evenings. He's managed to get some hours back but is relying upon universal credit to top him up.
I've already had to bail him out a number of hundreds of pounds as his car needed essential maintenance and tyres (something he would have covered with this full time job).
Any advice appreciated.
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