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  • Hello !

    Hi Everyone .....really pleased to find this site as I am in a right old muddle !

    Right then, where do I start and apologies for waffling.

    Ok, been in my job 8 years, would have been 9 this coming March. Since a year ago, my boss hasnt always been on time with my wages. We were always payed by BACS on a monthly basis, but there have been a few occasions when the boss said the payments might be late or in two installments. Not good, but I accepted it .....I enjoy my job and have always tried to be understanding and help my boss out if I could. So, we always have the time between Christmas and the New Year and Christmas off ..........the business is horticultural and people just arent fussed about their gardens that time of the year. My monthly wage was due into my Bank on Dec 29th, but didnt arrive. I went back into work on Jan 4th, as arranged, still not having received any payment.
    My boss wished me a Happy New Year and then informed me he had no money for my wages owed and had no idea when he would have, but that he would pay me what was owed to me. He then said I could carry on working for him, for no money, but that he would pay me, once enough money was being taken through the till.
    He also said, if I wanted, I could take a month or two off work and then return once he was making some money, the choice was mine.
    I have a mortgage, a car to run, bills to pay etc etc etc and no savings, so I told him I would have to leave . I worked that day for him, did my clock card as usual and havent been back since.
    My boss has said that once his secretary is in, which is tomorrow, he will get her to sort my P45, write me a reference and also a letter stating just how much he owes me and that he intends to pay me it in full.
    This happened on the Tuesday and on the following Thursday, I managed to get another job. My new employer has said he will sort out all the neccesary regarding my not having a P45.

    My queries are ........it is quite likely that my boss will go bust ...the business is actually for sale and a likely buyer has shown interest but wont buy it before March , but if my old boss lasts that long, I would be very surprised.
    If he goes bankrupt what are the chances of redundancy money ?
    How do I fare with him having my P45 ?
    Will my new job be taxed more harshly as it is in effect a second job?
    Would my old boss be able to get out of paying me as I havent been back in since Jan 4th and I have yet to receive the promised letter ?

    Gahhhhhhhhhhhhhhhhhhhhhh lol
    Tags: None

  • #2
    Re: Hello !

    Beyond me I'm afraid, except for the tax bit. Your tax is based on your income. You have no income from the old job so should be paying no tax as you're not being paid. May be worth a phone call to Inland Revenue to cover your back - they're very helpful!

    Oh and I'm sorry! WELCOME TO THE SITE!

    Comment


    • #3
      Re: Hello !

      Hi Peony and welcome to Legal Beagles.

      You must write to your old boss to day by special delivery demanding your outstanding pay and threaten to sue him in 7 days if the money is not forthcoming. With no correspondence from him this leaves you up the Swaney. Is his business still open, is he still trading? So far in my books he has broken more than one of the employment laws.

      Also in the meantime phone Acas http://www.google.co.uk/url?sa=t&sou...p3-NTxr_B1vwGA they will be able to explain your rights and be in a position to advise you furtherand I am fairly certain that if he goes into liquidation the government will pay the redundancy. But there will need to be a letter from the liquidators before this can happen.

      You will be taxed on emergency coding which is the basic tax code for a single person with no extra allowances.

      Tuttsi

      have a read of this leaflet from acas also http://www.acas.org.uk/CHttpHandler.ashx?id=314&p=0 your employer could be in be in trouble for not paying you.
      Last edited by TUTTSI; 10th January 2011, 08:38:AM. Reason: added a leaflet

      Comment


      • #4
        Re: Hello !

        Thanks both ..........what a nightmare situation this all is., I spoke to CAB today and they gave me the number for ACAS and I had a chat with a very knowledgable lady this evening. I will let you know how I get on.

        Caroline x

        Comment

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