Looking for advice please

[Bomber99]

Hello RETROMAU5
Thanks for your response.
The SIL has been doing this type of work for the last nine years, so would say he was confident in his driving and the work.

When he was pulled over VOSA we’re happy his license covered him for the vehicle and trailer he was using and no points were given.

The SIL had done his pre checks on his vehicle before going into the office to get his jobs for that day.
He was told he would need the trailer that day for the jobs he was going to do.

He had used various vehicles and trailers on several occasions after joining the company and had actually been pulled over by VOSA before, although on that occasion he was in a different vehicle and did not infringe any weight limits.

So When he was pulled over he was pretty confident he had no issues to worry about.. Obviously he was shocked when they told him he was overweight by 280kg

like you say the driver has responsibility for his vehicle and load but in this case I believe the company may have infringed the health and safety at work act for not checking the combined weight of all vehicles before sending the SIL out to do this job.

Perhaps a chat with health and safety would find out if the company has broken any laws or not.

your time & advice is really much appreciated

bomber99

[ULA]

Thank you for the responses to my post #28 and given the answers which were as I suspected, it would it be difficult for your SiL's ex boss to argue he was anything other than an employee.

I also see the further information and response from Retromau5

It may be worth contacting the HSE and I have linked to their contact information below:

https://www.hse.gov.uk/contact/index.htm

[Bomber99]

Thank you ULA for your response

i will pass this info on to the SIL

I am quietly confident we are building a strong case against the ex boss with all the advice and information given on here.

Thank you all

[Bomber99]

Hi back for some more advice

The SIL ex boss promised him,his companies insurance company would be in contact with him this week regarding the tax, national insurance,P45 situation.
Just like all his promises they fail to happen.

can the SIL demand the ex boss provides proof this is being dealt with by his insurance company or his accountant.

Could the SIL force the ex boss to give him the name of the company/companies dealing with this.

Would the SIL be able to contact these companies to try and sort this situation out

At a bit of a loss at the moment if the ex boss just keeps ignoring any questions

[ULA]

So firstly an in writing again your SiL should write to his ex boss and state that the accountant has still not contacted him in respect of providing him payslips from start of his employment and P45. Make it clear these are legal obligations on him as the employer to provide. Then state if these have not been provide in the next 5 working day (close of business Fri 26 Jan) your SiL will report his ex boss to the relevant authorities.

For non production of payslips your SiLcan bring an Employment Tribunal claim. If the tribunal agrees, it will make a declaration to this effect, which it may publish on its website. The tribunal may also order repayment of unnotified deductions made in the 13 weeks preceding the presentation of the claim, even where the employer was otherwise entitled to make the deductions.

For not providing a P45, he can report the issue to HMRC. HMRC can take appropriate action to ensure that the legal obligations are met. This may be to provide guidance to both your SiL and the ex boss to resolve the situation.

[Bomber99]

Hi ULA Thanks for all your input.

SIL did send an email to ex boss regarding payslips and p45. Also in the email he asks how his name was put on documents without his permission. We still wait a response to that email.

Do you think it worthwhile asking for a SAR now or wait till we get a response to the email.

When SIL contacted HMRC they told him the ex boss needed to contact them regards tax etc.

Ex boss reckons he has been in contact with HMRC so we will have to wait and see

[Retromau5]

What are you wanting from the SAR? They'll have 1 calender month from the request to reply, and can extend it another 2 months depending on how much information you ask for.

As for the HMRC, they're struggling to cope with the workload they have as they have staffing issues at the moment. My ex employer was contacted by then to explain some discrepancies with my wages after I was dismissed (£1500 in expenses I never had being claimed and then unclaimed without my knowledge). All HMRC came back with was that the employer has failed to respond, so we can't determine the outcome of the complaint.

[Bomber99]

Hi all just back for a little more advice

So in post 10 I mention how the director of the company was putting my son-in-laws name to documents that my SIL feels was done to make it look like he worked for the company who’s name was on top of the documents.

SIL feels this was done fraudulently and would like to contact the companies concerned to find out if this is the case.

The director said the documents were only template letters and he had the right to put SIL name on them.

The director said as my SIL signed a none disclosure contract he would be in breach of it if he was to contact any of the companies.

SIL said he has never signed such contract as far as he is aware.

The director has said he will forward him the contract but as with all the other documents the SIL has asked for we don’t believe he will receive one.

So just in case there is a none disclosure contract would the SIL be wise not to contact any of the companies.

many thanks
bomber99

[atticus]

The question is what he might have agreed not to disclose.

If no NDA is provided, he says "is that all? I thought you said I had signed an NDA".

[Bomber99]

Hi atticus
thanks for your response.

I may be being a bit dumb here but not quite sure what you mean.

[Bomber99]

Hi all
So SIL final wages/holiday pay should have been paid on 07/02/2024 and the director told him through a text message he had signed off the payment.
As expected the payment has not been made.

The SIL sent an email to the director informing him that the final payment for wages/holiday pay had not been received and he now considers this an unlawful deduction of wages.

So the question is, how long after this email should the SIL wait for a response before taking action to recover these wages and how would he go about getting the money owed.

We really do appreciate all your valuable time and effort in helping us.

bomber99

[ULA]

When did he send the chaser email?

[Bomber99]

Hi ULA

Email was sent yesterday.

Text messages were sent on the 08th, 09th, and 11th regarding wages etc.

[ULA]

Your SiL is still in time to make an unlawful deduction of wages claim. I presume his email yesterday was just to chase payment, if so and if he has not got paid by Friday morning, I would suggest that he sends a further email to say if he does not get paid by a date next week he will be starting the process of a claim for unlawful deduction of wages.

If that does not result in payment being made then he can submit a claim for Early Conciliation via ACAS.

[Bomber99]

Thank you ULA

Yes the email was chasing up payment, but within it he did mention he considered the none payment as an Unlawful Deduction of Wages.

Will keep you all updated if any progress is made.