My Boss won't pay me.

[CovalentSea]

Hello,
My Boss is refusing to pay me he claims:
1. I was doing drugs on the job. He has no proof and if he did could he withhold my pay?
2.not performing to expected standards
these were not brought to light until after I tried to collect my pay
no written contract was ever drawn up I wrote down my name phone number and social security number and he said he would hire me it was sealed with a handshake, can he do this to me? I appreciate any input that can be given.

[FORCEOFONE]

Re: My Boss won't pay me.

Put in a grievance and give him 48 hours to pay you

He has committed an offence under Section 13 Employment Rights Act

Unlawful deduction of wages

Tell him if he does not pay you then you will be submitting a claim through the Employment Tribunal Service

[pt2537]

Re: My Boss won't pay me.

or the County Court for breach of contract.

both the ET And CC have jurisdiction to deal with this matter.

[FORCEOFONE]

Re: My Boss won't pay me.

With a claim through the Employment Tribunal service, where there is no qualifying period under section 13

Will a county court judge expect a claimant to go through the ET first for arbitration

[pt2537]

Re: My Boss won't pay me.

Its a breach of contract, so technically the claim would be the same as if you had a breach by a supplier of failed to perform the contract etc, so it is unlikely that the Court would expect that

[Eloise01]

Re: My Boss won't pay me.

Ermm - if I may butt in?

There is absolutely no way that a tribunal will consider 48 hours an acceptable timescale to pay in a letter before action. And wouldn't it be useful to ascertain some facts first? Such as what evidence the OP has that they were actually employed? Because the last time I looked, a name, telephone number and social security number fell just a bit short of the required employment checks in the UK; and a long way short of proving a contract of employment or any other kind of contract.

OP, please can you clarify how long you worked for this person; what your hours of work were; any details about the employment that were stated verbally to you; and what do you think your employer owes you in terms of pay?

[pt2537]

Re: My Boss won't pay me.

indeed, more information would be helpful. i was merely butting in to suggest that the ET is not the only place for a remedy, however, employment law isnt my forte, so i shall butt out and carry on with this directions questionnaire that im working on, have fun

[Eloise01]

Re: My Boss won't pay me.

No - you are quite correct PT - there are alternative jurisdictions although whilst Employment Tribunals remain free of charge they are the best route if there is an employment relationship. But experience always tells me to question assumptions people make, because it wouldn't be the first time someone has told me that they are employed when they are not! And the root of any relationship determines jurisdictions, so it's quite a crucial matter.

If the OP can provide the information requested we can figure out what is what.

[leclerc]

Re: My Boss won't pay me.

Hello,
My Boss is refusing to pay me he claims:
1. I was doing drugs on the job. He has no proof and if he did could he withhold my pay?
2.not performing to expected standards
these were not brought to light until after I tried to collect my pay
no written contract was ever drawn up I wrote down my name phone number and social security number and he said he would hire me it was sealed with a handshake, can he do this to me? I appreciate any input that can be given.

Are you based in the UK?(reason I have asked is that the terminology "social security number" is a US term where we would us the word "national insurance number").

[leclerc]

Re: My Boss won't pay me.

duplicate post.....

[PlanB]

Re: My Boss won't pay me.

Are you based in the UK?(reason I have asked is that the terminology "social security number" is a US term where we would us the word "national insurance number").

The OP has put "Non UK" legal system on his profile page

[CleverClogs]

Re: My Boss won't pay me.

The OP has put "Non UK" legal system on his profile page

In that case, perhaps he should take his putative employer to Judge Judy? :rofl:

[leclerc]

Re: My Boss won't pay me.

The OP has put "Non UK" legal system on his profile page

Didn't have enough time this morning to stalk them due to having to work on a bank holiday