What is my next step in not being paid after almost 3 months?

[mattu93]

Hi,

I am new here so not sure if this is the right section, but I think it is! Ok so basically:

I was working for a company between June 2014 and February 2015. For the first few months that I was there I was getting my wage paid on time (4th of every month) until about September last year and he started to pay my wage later and later. In September my wage came about 1 week late and then October 2 weeks late and so on.

By the time we had reached late January 2015, I was still owed all of my December wage as well as some from November last year. I decided to hand my notice in very early in February as I had got annoyed at the situation. There was 5 other people at the company (not including the director) that wasn't getting paid on time, or so I thought. 1 of those people was the directors girlfriends brother and he didn't seem to fussed he wasn't getting paid on time for some reason. One of the other people their was quite a new guy that had started just before Christmas (Yes, he was employing more people even though he couldn't afford to pay the staff he already had). There was also a girl there and as far as I'm aware (I had asked her), she was getting her wage on time in full every month. Anyway, i handed my notice in very early in February and come February 4th, I was owed part of my wage in December, and all of January's wage.

On about February 10th, i didn't have any money to get in to work so therefore I couldn't work out my notice.

To this day, I am still owed £845.33. I was paid £500 of the money I was owed just after I had finished working there.

Just before I left I was told that he was getting a £50,000 loan that would help pay all staff their outstanding wages and also help the company become more stable. Last week I found out that the company had moved offices to a nice new fancy office building in the heart of Manchester which definitely wouldn't have come on the cheap.

In terms of taking legal advice, I took my claim through ACAS and I received my certificate to prove that on April 11th. I don't know what to do next as if I try and take him to an employment tribunal the fees are very high and I simply cannot afford to pay these. I've also tried to get in touch with him via text message, which I have had no response, via the live chat through the company website, to which I just get told 'We will pass the message on' and also via email, which I have had no response. I also sent a letter via post just before I took up my claim with ACAS, and he also didn't response to that.

Could anyone advise me on what steps I can take and how I can recover the money that I am owed?

I would also be happy to provide further details if need be.

Thanks.

[sean5302]

Re: What is my next step in not being paid after almost 3 months?

Hello mattu93 and welcome to LB.
So, you're still owed £845.33 (you were owed £1345.33 but got £500 just after you finished).
I suggest your next step is to send a letter before action, preferably by recorded delivery, to the firm's registered address.
In it, you say that you haven't received your money and will resort to issuing a claim in the county court.
You would do that via an online process at www.moneyclaim.gov.uk
It's dead easy.
To claim £845.33 will cost £70, payable upfront but recoverable from the loser of the case.
We'll help you further as the claim progresses.

[mattu93]

Re: What is my next step in not being paid after almost 3 months?

Hi,

Thanks for your quick response.

Yes that is correct. It was approximately £500 if I remember correctly but I'm definitely now owed £845.33 as just before he left he confirmed this to me in a text message (which I still have).

I have sent a letter in the past, sent messages via email, text message etc and had no response so there probably isn't much point in attempting that again.

I'm currently unemployed at the moment so I can't even afford the £70 as I'm struggling even to pay bills.

Is there any other alternatives for me?

Thanks for your help again!

[nemesis45]

Re: What is my next step in not being paid after almost 3 months?

Letter Before Action is really only valid if you can afford to follow through with a claim.
Check with your local County Court you may be entitled for remission on the court fees.

nem

[sean5302]

Re: What is my next step in not being paid after almost 3 months?

Yes mattu93, there are always alternatives.
You need to send your formal letter before action today.
The county court system allows fee remission for people in certain circumstances.
Have a read of:
https://www.justice.gov.uk/courts/fees
You want form Ex160
You should be able to claim your money for no outlay to yourself, other than an envelope and a few stamps to send your form (back to Salford, by the way. Probably your neck of the woods).

[mattu93]

Re: What is my next step in not being paid after almost 3 months?

That's great. Thanks for both of your help guys. I'm going to print out the employment tribunal form as well as the EX160A form and send this in the post, hopefully today.

If I have any more questions, I'll be sure to respond in this thread.

Thanks once again.