Left Employer, P45 received but not all pay.

[CDob]

My son was employed for 2 1/2 yrs until September 2020. The last year or so the employer had money problems and wages were often paid late. Covid hit and everyone was put on furlough in March/April 2020. Furlough was often late because business was badly run and claimed late. He decided to leave and return to University to do his Masters in Architecture so gave his notice and left 5 September 2020. A little while later he received his P45 at his request, but had not received his last pay/furlough payment. The last wage was included in the P45. He has repeatedly asked for his outstanding money, and is fobbed off or not replied to. The is one other employee who is missing about 5/6 months pay/furlough and is still technically employed while on furlough now. Two questions. What can my son do to try and get his outstanding month of wages/furlough? How can he claim a tax rebate? Now next tax year. Has P45 but not received all pay listed on P45. Can he claim it back?

[ULA]

Under emloyment law your son's situation would be what is known as an unlawful deduction of wages since he has not been paid, however the issue is that he cannot submit and Early Conciliation to ACAS in advance of an Employment Tribunal claim because it is more that 3 months less a day since he left and was effectively not paid. This is the time limit for making such a claim.

The other solution would be to pursue this via making a Money Claim Online (for which there will be a fee depending on how much is owed), however before you can do that your son would need to complete the pre-action protocol. This is done by means of a letter to his ex-employer providing details of the claim i.e what he is owed, that is is unpaid wages which are accounted within his P45 which is a legal document and giving 14 days for a response otherwise he will be instigating a claim. It may well be that the threat of a claim being made will lead to the ex-employer deciding to pay the money due.