Problems with a past employer

[itzkc]

Hello. I started a new job earlier on 3rd July. It was through a friend and the interview was really quick and I was offered the job there and then. I was told during my interview I would be paid every 2 weeks, it was a trial period, and I would be paid minimum wage(7.50 p/h). I handed in my notice at my previous permanent full time job.

Just 3 days after starting I was told by my boss I wouldnt be needed the all the following week as he was going on holiday. Annoying cause I wouldnt be paid and had also just left a previous job with guaranteed pay.
On 18th July after coming back off holiday he asked for my bank/tax/ni details. I thought great must be getting paid since I was told every 2 weeks. Of course I never got paid and I just said nothing.

I eventually got paid £600 on Sunday 6th August. This after asking for my tax/ni/bank details again. Between Monday 3rd July and Friday 4th August I had worked 20 days at 7 1/2 x £7.50 per day(total £1125). He said in his text "I'll send the rest over next week". He also said during the week that he would put some in at the weekend. I never got any and I asked on the Monday if he had forgot and he said, "no, why you want some money do you". On the Wednesday I got £306.78. So a total of £906.78.
I dont think that is even the full month anyway because when he was sorting it out with the accountant, he said something like 3 weeks and a bit. Cause of the end of the month had passed and I had a week off.

Anyway, the following day I was taking a day off to go for a job interview. It was alot closer to home, and more money, and I also wasnt happy there and they made it clear I wasnt performing well. While talking about it and trying to talk me out of going for the interview a co-worker said even if I was sacked I would be given a weeks notice. The boss snapped back and said that doesnt apply to me as I'm on a trial(so surely I wouldnt need to give any?)
He told me as I was going for a job interview he would start looking to replace me and once that person is found I would be "out of the door" at a moments notice, and he actually posted my job on Indeed on that day.

Anyway I got the job and I phoned him that day and said thats it would be leaving. He said good luck, and that I would be paid at the end of the month.

Well, nothing has gone in my bank and he has ignored 3 text messages from me.
I worked a total of 28 days, 7 and a half hours a day at £7.50 per hour. 6 hours overtime at the same rate. I work it out at £1620 total before tax. Maybe a days holiday too.

I didnt have a contract, and I never got a payslip for the £906.78 I got. Also HMRC online have no record of it on my tax account but I assume he deducted something from me to get £906.78.

I did only ask him on Thursday, and today. But I know he read them so I think he shouldve replied by now.

What exactly can I do to make him pay up should he ignore me? I know from my time of knowing him that he thinks the whole world owes him a living, and that he should come first all the time, and I wasnt sure about asking him cause his attitude is if you ask, you wait longer. Also he has someone in part time who is paid in cash and I think the full time co-worker is paid in cash also. But I have rent and possibly a court order to pay.
Also I am having issues with tax credits/hmrc so I need full income amounts.

Suppose the only evidence I really have of working there is text messages and wages. Maybe his accountant has something cause he put me on the payroll.

[ostell]

Re: Problems with a past employer

Looks like you've had one of those bosses. Just because he wanted a week off there was no reason that you couldn't be paid, you didn't request a holiday. Work out what he owes you and include that week. Send him the calculations preferably by mail with free proof of postage. Ask again when you will be paid. You may have to repeat with signed for. It sometimes takes a while for payments to show with HMRC but I have the feeling that it will not be there. He may be treating you as self employed subcontractors (illegally) and therefore doesn't see the need for tax and NI deductions. If he doesn't pay you remain liable for the tax but he is liable for the NI after the end of the tax year. That's the rules as I remember them.

[itzkc]

Re: Problems with a past employer

Hello, thanks for the reply. I know he has changed premises once at least, his official website/facebook still lists his old address. He also doesnt like answering calls with no caller id, and there are unopened letters from his old address in the entrance of his new building. He keeps the shutter down all day and relies on CCTV. So I reckon getting him to sign for recorded mail would be tricky.

[Viking1985]

Re: Problems with a past employer

Hi,

Call ACAS Helpline (number top of Forum pages, open 8 am, quiet then, no long queue).

Viking

[itzkc]

Re: Problems with a past employer

Thanks I will do. Going to citizens advice on Wednesday anyway for something unrelated to this but I'll mention it anyway.

Would I be able to send a signed for letter addressed to him to his accountants? The company is registered there.
They have all my details from when I was put on the payroll.

[ULA]

Re: Problems with a past employer

I presume that you believed you were going to a full time permanent role in this job. If so then I suggest you calculate your full pay from 3 July up until your last working day, including the time when your boss was off on holiday to find your gross pay due. If you have not taken any holiday yourself then you will also be entitled to pro-rata holiday entitlement from the period you have worked.

To give you an idea of what your net pay should be for 2 weeks then this is useful site to use http://www.thesalarycalculator.co.uk/salary.php.

Then write a detailed letter of what has been paid and what you believe is outstanding and give him say 5 days to respond back and let you know the outstanding monies will be paid to you. Sent it recorded delivery to his new business address and yes it would be a good idea to also send a copy to the accountants. It may as well be worth putting in the letter that if the money is not forthcoming then you will be taking further action.

You can bring a claim for an ‘unlawful deduction of wages’ using the Employment Tribunal so long as that is done within 3 months non-payment less 1 day.

[itzkc]

Re: Problems with a past employer

Hello, I sent a few texts asking for my P45 and payslip. Didnt get an answer so I phoned him this morning.

He said I will be paid, but not yet as he doesnt have the money in the bank. Said he's been busy and that he needs to send stuff to the accountants.

I also checked HMRC before and the company is showing on the app now, but it doesnt have any details of pay because they are waiting to find out my final pay. Wasnt there yesterday.

Just glad he answered my call to be honest

[ULA]

Re: Problems with a past employer

Thank you for the update. I suggest you go back to him and ask him when you will get paid so that you have a timeline and something to go back to him more formally on if the money is not paid.

[itzkc]

Re: Problems with a past employer

Okay well, still not paid. I asked by text last Tuesday and he said, "should be this week mate". So I texted him earlier asking if I will still be paid, and he's read it but not replied.

[itzkc]

Re: Problems with a past employer

Hello, I eventually did get a payment of £200 but I'm still owed.

I havent had a P45/wageslips. Also, his accountant is still sending payslips through to HMRC. I left on the 17th August, and according to HMRC I was paid £937.50 on 5th August, £1218.75 on 5th September and £1218.75 on 5th October. He's was saying for weeks his accountant is dealing with it and now he's just ignoring my texts.

Does he have a legal requirement to sort it out? My tax code is changing all the time, its not 601L X because I am working elsewhere now.

I worked out my total pay from employment including holiday/overtime ahould be £1661.25, without overtime /holiday £1575.
My total recieved is £1137.50.
Should I file a small claims?

[EvieG2017]

Re: Problems with a past employer

I know this forum thread is old, but I hope my advice can still be of use to someone reading this even now. I have recently had issues with my new company in regards to the pay I received.

Initially I believed I was over-taxed as my annual salary is around £16,000 and I received just £900 in my first pay packet. According to this income tax calculator http://www.income-tax.co.uk/calculator/16000which worked everything out for me luckily, I was indeed supposed to receive a significant amount more as my suspicions told me.

The actual figure I should have been receiving on a monthly basis was £1,180. Yes it's not a huge amount, but still that extra £300 almost was going to make a huge difference to me. So I got in a bit of a panic wondering what on earth had gone on. My boss said it was nothing to do with him and so I had to contact HMRC, after days of endless phone conversations and headaches I realised that in fact the blame did lie with my company even if they were denying this.

I've now left said company after realising they were withholding a portion of my monthly salary rather than paying it me. I essentially threatened him with court and received the £300 extra I was supposed to have in my first monthly pay. Turns out this was a strange company and what they were doing was totally illegal.

To anyone reading please do not presume that the fault lies with HMRC, investigate your company as much as you possibly can. New employees are frequently taken advantage of!!