HELP!!! Employer is refusing to pay me holiday pay and is claiming bankruptcy...

[ElizabethA]

I am having a dispute with a former employer (going through tribunal). I wish to know the highest claim I can get and whether I can pursue in a criminal court for ANYTHING- The business is a limited liability company. She has said in court papers that she is going bankrupt how does this effect my case? What are the outcomes? -

She did not pay me holiday pay as she claims I am self-employed -dismissed me with no solid evidence and has made up lies saying I have stolen items. (I did not)
-Threatened me with police action although never called the police
- lied in the tribunal papers in regards to me saying I wanted to pay my own taxes e.t.c
- Paid me later by sometimes 3 months -failure to supply employment particulars.

I did not receive holiday pay accrued or pay for day dismissed without proper investigation when leaving as she claims I was self employed. This is not the case, a text sent 05/01/2015 states "ive looked at your hrs on sheet" as she paid me hourly after I filled in time sheets.

I did not decide times and on numerous occasions was asked to travel to Clapham to work on November the 14th and 15th within her other branch and the 13th of December where she claimed I worked till 4pm when I worked till 5pm within Clapham branch. I did not decide where I worked or the hours.

Marketing was done by her and prices set by her.

I was paid hourly and money put into my account via bank transfer under grove spa limi.

I could not sub-contract my work and had oral contract.

All tools needed for the job were paid by her and I could not make decisions on how business was run.

I had no financial stake or risk in business I gave a months notice as asked and was then dismissed a day short with a couple of days prior warning I received a text dismissing me.

Another text 18/01/2015 claims as I did not give that one days notice and so she can use "your pay to pay for cover needed" a complete contradiction as I was dismissed. I was dismissed due to claims of bad mouthing her to an older member of staff. I had answered when pressed I was leaving due to late pay and I was the only staff to receive such a treatment possibly due to my age as other staff were older with children. Pay was late by months, this only happened to me the youngest employee I believe due to age discrimination she felt she did not need to treat me/ pay me like other older employees.

Furthermore another employee employed was offered higher/similar wage although I had more work experience I believe this was due to age.

[teaboy2]

Re: HELP!!! Employer is refusing to pay me holiday pay and is claiming bankruptcy...

Is she personally going bankrupt or the company being put in liquidation? Your claim should be against the company not against her personally, so if she herself is claiming she going bankrupt that won't effect the company. And you should strict her to proof of her claim of bankruptcy or company liquidation - Check company standing with companies house!

If the company is being placed in liquidation and your claim is successful then you will be deemed a priority creditor, so any money made from goods or assets sold by the liquidator will likely be put aside and paid to you to cover what the company owes you.

And yes i find it hard to believe you were self employed, you can prove this by showing you never registered self employed and that she was responsible for paying your taxes. Which begs the question, did she pay your taxes? you need to contact HMRC or check to see what your pay slips says.

Failure to provide written statement (contract) within 2 months of start date is a breach of section 1 of the employment rights act 1996

Failure to provide wage slip/statement is a breach of section 8 of the employment rights act 1996

Failure to pay on the day your due to be paid wages is a breach of section 13 of the employment rights act 1996 and is seen as an unauthorised deduction of wages.

Dismissing you like that is unfair dismissal not to mention a serious breach of contract! (Notice pay in dimissal cases is a compensatory payment and not taxable, as dismissing you without notice is breach of contract) - You were not sacked par se, you resigned and she refused to let you work your notice which is a breach of contract and therefore seen as dismissal which is remedied by making compensatory payment of pay in lieu of notice, though shes not compensated you with pay in lieu of notice!

Also don't forget accrued holiday entitlement!