Disappearing employer

[JMags]

Hi,
I would like advice on a complicated employment issue.
My employer has been locked out of the property that he runs his business from due to non payment of rent.
The landlord has taken the building back and changed all the locks.
The business was a Dental Practice.
I had been employed by the business for over 19 years.
since being locked out and not being able to work there, my employer has ceased correspondence with me and I am now owed 2 months wages. He hasn’t as yet gone bust and he hasn’t made me redundant, nor have I handed in my notice.
My employer has another practice that is still open in another part of the country, not linked to this one. This was not a limited company that I worked for and he owes money to a lot of people.
should I take him to the small claims court.
thank you for reading.

[tesla6518]

Were you employed PAYE or self employed, as you do not state your role in the company

[tesla6518]

In the interim so you may get the ball rolling, you have two choices

You may bring a claim of "unlawful deduction from wages" at the Employment Tribunal, This probably the quickest route and you stay employed whilst making the claim.

Or you can go to the Small Claims Court. There is an express or implied term in every contract of employment that your employer will pay your salary, failure to comply with this term, would allow you to resign, claim constructive dismissal and breach of contract.

It seem that you are fortunate enough to have a place of contact for your employer for papers to be served.

Please note: Tribunal claim, you have to place your claim within 3 months of the failure to pay, However the Courts allows you up to 6 years to place your claim

[ULA]

If you are an employee then following on from tesla6518 post I would like to point out neither route of Employment Tribunal or Civil Courts is quick due to the back-log of claims. Estimated time in both is at least a year if it goes to a full hearing.

In the Employment Tribunal you would need to go to Early Conciliation first, via ACAS, which may result in a settlement sooner. To make a claim this way there are no fees for you to pay but you need to note the timescale for making a claim as sent out in post #3. For the Civil Court there would be a fee to be paid by you depending on the amount you are claiming.

There is also further action you can take to recover some of the money but that would depend on whether your employer becomes insolvent via a government service.

[tesla6518]

ULA thank you for filling in the gaps, I presume your last paragraph refers to NIF

[ULA]

tesla6518 it is this scheme

https://www.gov.uk/your-rights-if-yo...r-is-insolvent