Update - ex employer not paying last wage - received a letter from them advice please

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

I have to agree with everything you say, Cloggy. This manager has seriously crossed the line. Your advice to the OP to obtain a statement from the neighbour is spot-on.

I am doubtful whether any criminal liability can be attached to the employer, albeit that the employer is a beneficiary of the manager's misconduct, as it would need to be established that senior management knew of his actions, but did nothing to abate it or were actively advocating or encouraging it. However, it will, in all probability, be easier to attach civil liability to the employer as the employer is vicariously-liable for the manager's conduct due to the manager's conduct occurring during the course of his employment.

As for the manager, yes, he has, in all probability, committed a number of serious wrongdoings that may well land him in hot water, not only with the plods, but with the employer, also, especially if it results in them having to pay damages and suffer loss of reputation as an employer. However, it is the loss of reputation, commercially, that is likely to inflict the greatest damage to the employer's business. That, in itself, can do more damage, financially, than having an ET ruling go against you.

The manager is the boss / owner whic makes it even worse that this has happened this way !! Should we pursue court claim? Can we do anything about the false allegation about stealing the knives etc ? I will ask my neighbour to write a statement she said she was willing to speak up to anyone about it so I'm sure she wouldn't mind. What would we actually do with the statement ? Thank you for your words everyone x

[bluebottle]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

The manager is the boss / owner whic makes it even worse that this has happened this way !! Should we pursue court claim? Can we do anything about the false allegation about stealing the knives etc ? I will ask my neighbour to write a statement she said she was willing to speak up to anyone about it so I'm sure she wouldn't mind. What would we actually do with the statement ? Thank you for your words everyone x

Hi Catherine,

Is the employer a sole trader or limited company? As for the false allegations, these may amount to harassment. Going around making false allegations against others is a serious matter.

Checking things out with the police is a sensible course of action. If it is clear the employer has lied to you and your partner in order to avoid payment of wages, either wholly or in part, you will need to speak to a legal professional to assess the viability of pursuing a criminal complaint against him. The alternative route is an N1 calim through the Small Claims Court. However, due to the employer's behaviour prior to, during and following the incident involving the pies, it would appear he has engaged in a course of conduct that would appear to amount to harassment. There is a provision under the Protection from Harassment Act 1997 which allows a person being subjected to harassment to obtain an injunction from their local County Court. On the day the application is made to the court or within three working days of obtaining the injunction, an N1 Claim must be lodged with the court. This will be heard at a later date, by a Circuit Judge, who will make the injunction permanent, if the employer has not applied to have the injunction set aside in the meantime.

The court fees for a Prohibitory Injunction are around £175, but do check with the court. The court fees for N1 claims vary. Again, check with the court.

I would strongly advise you seek advice from a legal professional if you intend going down either the criminal or civil route. The form for an injunction - PF39CH - needs to be worded carefully and be accompanied by witness statements and other documents.

Bluebottle

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Hi Catherine,

Is the employer a sole trader or limited company? As for the false allegations, these may amount to harassment. Going around making false allegations against others is a serious matter.

Checking things out with the police is a sensible course of action. If it is clear the employer has lied to you and your partner in order to avoid payment of wages, either wholly or in part, you will need to speak to a legal professional to assess the viability of pursuing a criminal complaint against him. The alternative route is an N1 calim through the Small Claims Court. However, due to the employer's behaviour prior to, during and following the incident involving the pies, it would appear he has engaged in a course of conduct that would appear to amount to harassment. There is a provision under the Protection from Harassment Act 1997 which allows a person being subjected to harassment to obtain an injunction from their local County Court. On the day the application is made to the court or within three working days of obtaining the injunction, an N1 Claim must be lodged with the court. This will be heard at a later date, by a Circuit Judge, who will make the injunction permanent, if the employer has not applied to have the injunction set aside in the meantime.

The court fees for a Prohibitory Injunction are around £175, but do check with the court. The court fees for N1 claims vary. Again, check with the court.

I would strongly advise you seek advice from a legal professional if you intend going down either the criminal or civil route. The form for an injunction - PF39CH - needs to be worded carefully and be accompanied by witness statements and other documents.

Bluebottle

Thanks fr that bluebottle. We received his p45 yesterday aswell whic obviously states how much has been earned therefore defining how many hours have been worked which confirms the holiday entitlement we have worked out so they have attempted to con him out of £130. Not sure what to do about it though. Really want to fight it especially after they argued and threatened us.
They are a sole trader aswell. My partner is wondering if the awarding body would like to know the winners of farm shop of the year sell frozen mince 12 months from their use by date.

We are owed that extra amount though.
Small claims court seems to be the way to go at the moment.
x

[bluebottle]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Thanks fr that bluebottle. We received his p45 yesterday aswell whic obviously states how much has been earned therefore defining how many hours have been worked which confirms the holiday entitlement we have worked out so they have attempted to con him out of £130. Speak to ACAS about this. They should be able to advise as to how to go about dealing with this.

Not sure what to do about it though. Really want to fight it especially after they argued and threatened us. That could be their undoing.

They are a sole trader as well. Which shows things in a completely different light. Attaching criminal liability to an individual is easier than it is to attach it to a body corporate. The employer won't be able to use his business name as a shield against scrutiny and being held to account for his action or to escape being put to justice.

My partner is wondering if the awarding body would like to know the winners of farm shop of the year sell frozen mince 12 months from their use by date. Report that to the local Environmental Health Department. That is a food safety matter and far more important than reporting the employer to a trade award body.

We are owed that extra amount though.

Small claims court seems to be the way to go at the moment. Seek advice from ACAS and a legal professional as to the best course of action to pursue. Do not automatically assume that the Small Claims Court is the best course of action.
x

Advice in red text.

[CleverClogs]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

My partner is wondering if the awarding body would like to know the winners of farm shop of the year sell frozen mince 12 months from when the horse fell in the Derby.

I've fixed your post for you. :grin:

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Hi everyone thought I would update you all on the situation,

after another conversation with acas they have offered their pre consolidation services as an attempt to stop this going further, they said the employers are in the wrong and have taken my partners and the ex employers details and will ring is in a couple of days and also contact the employer. The last I spoke with told me they would be telling the employer that we are willing to go to ET or small claims court if the pre consolidation does not work, therefore inciting them charges and court costs Etc. she worked out the holidays and resulted in the same amount as we have and she said they will include that information in the call to employer and also make them aware they cannot prosecute without sufficient evidence.

Just waiting for the call now !

Hopefully it will be sorted.

will keep you posted x

[MissFM]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Hi everyone thought I would update you all on the situation,

after another conversation with acas they have offered their pre consolidation services as an attempt to stop this going further, they said the employers are in the wrong and have taken my partners and the ex employers details and will ring is in a couple of days and also contact the employer. The last I spoke with told me they would be telling the employer that we are willing to go to ET or small claims court if the pre consolidation does not work, therefore inciting them charges and court costs Etc. she worked out the holidays and resulted in the same amount as we have and she said they will include that information in the call to employer and also make them aware they cannot prosecute without sufficient evidence.

Just waiting for the call now !

Hopefully it will be sorted.

will keep you posted x

Good news Catherine - hope it works out for you:op2:do keep us posted!

[bluebottle]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

Your former employer would be very foolish indeed not to engage. If he decides to be silly, then ACAS will have told him what to expect.

[catherinejxx]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

HIIIII EVERYONE

nice to see you all again i wish it was in better circumstances but after 2 months of what i would call rubbish attempts at 'concilliation' between myself and knitsley they have finally replied today because my partner phoned them.

they sent this following email




Dear _____as it is you that is pursuing myself!)

As I mentioned on the phone it would have been polite and courteous to have introduced yourself in the call!! However, with reference to your earlier call to our Cafe regarding the possible tribunal. I have spoken to an advisor this morning and my response is as follows:

We will not be paying the amount considered to be owed at this point, it would equate to around £140. To lodge a tribunal claim it will cost you £162 with a further £230 payable if the matter goes to court.

Should any tribunal claim/correspondence be received I will pass this to our legal team accordingly.

It would also be courteous to at least get my name right on correspondence.

Yours
___________________




now this is the reply i am going to send her



Dear Rachael,

Yes it is myself that is pursuing you as Jean has tried to contact you and you have not responded accordingly, and seeing as Jean does not work on a Friday as you can clearly see, I thought I would contact you and see if you had decided to end this today or carry on, thus incurring you and your business further fees and charges as well as the possibilty of making the local newspaper and damaging the 'brilliant' reputation you claim to have.

Maybe I would be courteous if you deserved such treatment. The fact you are not even willing to negotiate to terminate this case is ludicrous

If that is your view the claim will progressed tomorrow and when we win the case, which we will as it is legally owed, you will incur the charges and fees that we have paid because of this.

Is this the same legal team that encouraged you to make false accusations? If so I believe you should be investing in some new advisers.

I look forward to hearing form you in regards to the court claim that is going to be made against you.

Yours Sincerely




is this ok ??

i am god damn sick of this now just want it sorted

we arent doing tribunal claim we are going to small claims court instead so the fee is much lower but will be adding it into their fees if we win which we should because its legally owed to us

this is really getting us down now but we will see it through until the end.

any advice would be much appreciated

thanks

[ssparks2003]

Re: Update - ex employer not paying last wage - received a letter from them advice pl

I know that it is difficult, but you should stay detatched in your comunications (However much they annoy you) stick to the facts and don't take their attitude personally. Then go to court and win, after that you can gloat.

Personally i would have said:

Dear Rachael,

Yes it is myself that is pursuing you as Jean has tried to contact you and you have not responded accordingly. I am contacting you and see if you had decided to end this today or carry on. Otherwise the claim will progress tomorrow

I look forward to hearing from you in regards to the court claim.

Yours Sincerely