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owed wages

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  • #1

    owed wages

    Hi, can anyone advise?
    I have just resigned as director from ltd company.
    I took some payslips without drawing down the actual money as the company was struggling. It was suggested at the time by our accountant that the payslip would qualify my stamp and that the money would be owed to me by the company. Can anyone confirm this?
    I have the payslips and the amount is showing on p45 as £3200.
    Can I request this money as it was never paid to me?
    Cheers
    Tony
    Tags: None
  • #2
    Re: owed wages

    Deleted. Post duplicated.
    Last edited by enquirer; 6th October 2013, 19:09:PM.
    • 1 thank

    Comment

    • #3
      Re: owed wages

      Originally posted by guitarman69 View Post
      It was suggested at the time by our accountant that the payslip would qualify my stamp ...
      What this means is unclear. Check your NI record to make sure that there are no gaps. It would be wise to check your position with regard to Income Tax as well.

      I have the payslips and the amount is showing on p45 as £3200.
      That should be sufficient. It should also appear in the company's annual accounts.

      Can I request this money as it was never paid to me?
      If there is nothing in writing to the effect that you have deferred payment, then it should be payable on demand.
      • 1 thank

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      • #4
        Re: owed wages

        Hi guitarman69,

        Withholding wages is known in employment terms as wrongful dismissal.

        If necessary it can be pursued either via an Employment Tribunal (3 month less one day cut-off for claim), or through County Court (6 years cut-off).
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

        • #5
          Re: owed wages

          Originally posted by charitynjw View Post
          Hi guitarman69,

          Withholding wages is known in employment terms as wrongful dismissal.

          If necessary it can be pursued either via an Employment Tribunal (3 month less one day cut-off for claim), or through County Court (6 years cut-off).
          Thanks for responses.
          I will take action

          Comment

          • #6
            Re: owed wages

            I know the company do not have sufficient funds to pay this amount. I do believe I can request the company be wound up.

            Comment

            • #7
              Re: owed wages

              Originally posted by charitynjw View Post
              Hi guitarman69,

              Withholding wages is known in employment terms as wrongful dismissal.

              If necessary it can be pursued either via an Employment Tribunal (3 month less one day cut-off for claim), or through County Court (6 years cut-off).
              The fact that the accountant has said that the OP would still be owed the money suggests that the wages weren't unpaid but were loaned to the company and should be showing in the books as a director loan.
              It can still be pursued through the CC, though if the company has no money it will be a hollow victory.

              A winding up order may be more effective but the OP needs to take professional advice as they could be liable for costs if they fail.
              Last edited by davec1960; 7th October 2013, 06:49:AM. Reason: hit send too soon
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              • #8
                Re: owed wages

                I guess it's always a good idea to check that the person (or corporate identity) has sufficient funds.

                A pyrrhic victory is not much use to anyone.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

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