Non payment of furlough / salary by employer

[HHEPPY]

Morning,

just after some advice here, I have been employed by the same company for 11 yrs, at the beginning of April 2020 my employer told us we would be on furlough and would be looked after, I rather foolishly accepted their word, long story short is that by Sept 2020 I discovered that I had not been paid since March 2020, I was subsequently paid and promised that the back payments would be too, (they never were!)
I received payments from October 2020 to January 2020, nothing since. I know that furlough applications were made and received, another employee received all her payments.

My employer continued to promise that the payments would be made however, nothing has ever been received. In late August / Sept 2021 the company emails ceased to operate and I could no longer contact my boss by phone either.

I believe that I am contractually due to receive the amounts due and indeed my employer has agreed to make the payments in writing too, I have been very patient and now am in a very difficult position personally and financially too, luckily i had savings to fall back on and I am currently self employed so I can pay my bills etc.

The company and my boss still exist, I do know that much, he is based overseas in the US.

I assume my best course of action is to launch a claim of breach of contract as he has failed to pay me, but any advice anyone is willing to give me would be gratefully received
.
many thanks in advance

[echat11]

It sounds like you have made attempts to resolve the matter. It might be an idea to raise a Formal Grievance in writing detailing the monies owed to you, to see if it can be resolved before proceeding with further action. This will help with any further action you decide to take if the matter isn't resolved.

https://www.acas.org.uk/grievance-pr...e-step-by-step

You can report abuses of the 'furlough scheme'.

https://www.gov.uk/guidance/claim-fo...tention-scheme

[ULA]

It would appear from your post that you have not been paid since I presume you mean January 2021. Sorry a few questions before being able to help more fully.

How long have you been employed at the company?

Do you have records of trying to contact your employer in the time since January to ask about your salary payments and the response/s you have received?

Have you been notified what is happening to your job now that furlough has ended?

Have you heard anything from your co-workers or other members of management?

When did you last have contact from your boss?

Have you checked to see of the company has gone into liquidation - just a thought?

[HHEPPY]

Sorry for the delay in getting back to you, thanks for your reply
ive worked there since July 2010

i have a chain of emails containing empty promises to pay me

the Only other UK based co worker received all payments

I last heard from the boss late July / early Aug

the court records in his local US county are not good reading

kind regards

Andrew

[ULA]

From an employment law perspective the time limit for bringing an unlawful deduction of wages claim which is what this would be is 3 months less a day from the date of the last deduction. Potentially if this was Jan 2021 then you would be out of time.

I presume you became self-emplyed because you realised that in effect your job no longer exisited as you were not being paid when was this?

I ask because this may be the date that could be argued as being the last deduction which, depending when this was, may bring you in time?

How substantial is the money you are owed in terms of considering pursuing a breach on contract claim?


I have a couple of questions which i need to put out to the wider LegalBeagles community as my experience, as you all know, is limited to employment law.

If the owner is not even in the UK how easy would it be to bring a breach of contract claim via the UK court system?
If court records in the owner's local US county is not good reading, even if a claim can be pursued how likely will payment be made or could even be enforced if our OP is successful.

tag des8 R0b echat11

[echat11]

This is interesting,clearly lots of different factors need to be considered. -

https://www.dissentmagazine.org/onli...d-uber-and-won