Unpaid salary and expenses - no contract of employment

[Christie1974]

Hi there,

I was employed by a small new company since April 2013 until last Friday, I never received and offer letter, or a contract. My job as a business development manager involves a lot of travel thought Scotland and I was told I would be paid 45p per mile. They stopped paying me what they owed me in October but I did have several sporadic payments since. For this reason I looked for and found a new job which I start next week. I was worried they wouldn't pay my salary and was going to leave once my salary was in the bank, but I decided to give them notice out of respect and they told me they would not honour my expenses but they would pay me my salary and they let me go that day. They currently owe me over £900 in expenses and failed to pay my salary in on Friday. I called and text to no reply. I called them today and was told that everyone else was paid on Friday and that they are extremely short of money and can't guarantee my payment today and have given no exact date when they will pay me week! All of my direct debits are due to be paid tomorrow and I will incur charges if I cancel them! What action can I take to get my money if they decide not to bother paying me?

thanks

[des8]

Re: Unpaid salary and expenses - no contract of employment

Hi and welcome.
Short answer is County Court Claim, but advice is to try and persuade them to cough up before taking this step.
Others here will be along to advise you on your rights and ways to get them honoured by your ex employers.

[Christie1974]

Re: Unpaid salary and expenses - no contract of employment

Thanks for the info, not sure if I can do that in Scotland do you know of the alternative at all?

Hi and welcome.
Short answer is County Court Claim, but advice is to try and persuade them to cough up before taking this step.
Others here will be along to advise you on your rights and ways to get them honoured by your ex employers.

[des8]

Re: Unpaid salary and expenses - no contract of employment

OOPS sorry but didn't note reference to Scotland (trouble with being Welsh:tinysmile_twink_t2

North of the English border I believe you need to complete a summons in duplicate, detailing the parties involved, the amount claimed and the reason for the claim. You then send this to your local Sheriffs Court who send the copy to the defendant and set a hearing date.
It then depends on response, if any, from defendant as to how things progress.
If a hearing does take place, solicitors are not required.

I'm sure some of our Scottish friends will be able to advise in more depth