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Other half not been paid from ex employer

Discussion in 'Careers, Employment and Professional Development' started by dal, Mar 2, 2020.

  1. dal

    Hitman

    Joined: Sep 10, 2005

    Posts: 786

    Location: Lincolnshire

    Hi, so my misses was dissmissed from her job 3 weeks ago and as she was on monthly pay has had to wait for her wages. She has spoken to someone who still works there and his wages went in today. I had a idea they would mess her about from some of the other things Ive heard about them ( they seem like a right **** company to be honest ). She was only there a few weeks and never got a contract of employment but then again it seems like some of the others didnt have one either.
    Anyway I get the feeling they will try and get away without paying her. She's tried ringing them but they are not picking up. I told her to give them until tomorrow afternoon to pay her or respond then we will have to go through some official proccess. I've not looked into it much at the moment but from what I gather ACAS is the way to go.
    Has anyone been in a simular situation before, any advice.

    Cheers
     
  2. peterwalkley

    Mobster

    Joined: Feb 23, 2009

    Posts: 3,456

    Location: South Wirral

    No contract of employment ? As it was just 3 weeks do you have any evidence at all she worked there ? They could well just try and wriggle out of it saying "never heard of her guv!".
     
  3. dal

    Hitman

    Joined: Sep 10, 2005

    Posts: 786

    Location: Lincolnshire

    Well she has had a mileage payment from them so yes she's got some proof although it doesnt prove how much work she done for them.
     
  4. booyaka

    Capodecina

    Joined: Jan 19, 2006

    Posts: 12,990

    Not saying don't chase it up - however, no contract of employment - how do you know what she was supposed to be paid? 3 weeks work, depending on the value of those 3 weeks and the potential time/money/effort spent to recover it, I would consider just moving on with life.

    Without any paperwork - could be a long/hard job to get anything.
     
  5. MadMossy

    Soldato

    Joined: Oct 25, 2004

    Posts: 6,473

    Location: Sunny Torbaydos

    Does the company have a social media presence? If they do, jump all over it, that usually gets people answering phones.
     
  6. dal

    Hitman

    Joined: Sep 10, 2005

    Posts: 786

    Location: Lincolnshire

    Im not sure slating them off on Facebook is really going to help, i think the threat of legal action might though
     
  7. dal

    Hitman

    Joined: Sep 10, 2005

    Posts: 786

    Location: Lincolnshire

    Well it's a gross amount of around £1100 so not just going to move on
     
  8. dowie

    Caporegime

    Joined: Jan 29, 2008

    Posts: 46,759

    Presumably she has some evidence of having worked there - like an offer letter/email etc.. or other records of e-mails/texts/phone calls etc..etc.

    Regardless sounds like it could be one for the "small claims court" - then send round the bailiffs...

    [​IMG]

    (They had an episode where they dealt with this sort of scenario - business owner deliberately delayed paying out of spite but soon coughed up the owed wages when they turned up)
     
  9. Psycho Sonny

    Caporegime

    Joined: Jun 21, 2006

    Posts: 32,849


    That might seem like a lot of money to you. But the lawyer you need to hire to fight the case will demand that for 2-3 days work.

    It will be cheaper to just let it go but I'd certainly write a few letters threatening legal action and spend 10 mins on social media slating them.
     
  10. booyaka

    Capodecina

    Joined: Jan 19, 2006

    Posts: 12,990

    I ain't saying give up and move on - What I am saying is think about your time and effort involved in trying to prove what she is "owed" - you have nothing to back up what you are saying she's owed, and without proper legal representation, you are likely to struggle. Thus costing yourself more money and time.

    Has tax been paid? NI? - remember all those would need to be paid from the £1100 so net is likely to be around £850.

    With no contract of employment, nothing in writing to confirm the wages owed - you've got nothing to start with. It's your word against theirs.

    Small Claims court/baliffs won't touch it - Unless there is evidence of a contract in place, and that contract stipulates the wages due, termination, probation period etc - they won't waste their time on it.

    Also you say your missus was "dismissed" - exact how was she dismissed? Did they sack her? Breach of contract? Gross misconduct? Layed off? seasonal work?

    Not trying to sound harsh but as @Psycho Sonny says - send a letter outlining your argument and what you believe is due....then hope for some kind of contact from them.
     
  11. dal

    Hitman

    Joined: Sep 10, 2005

    Posts: 786

    Location: Lincolnshire

    There is evidence, they have paid her mileage into her bank so that it's proof she has worked for them .
     
  12. booyaka

    Capodecina

    Joined: Jan 19, 2006

    Posts: 12,990

    not really - it's a single payment from another bank account - it's not evidence of employment/hours worked

    Get a letter drafted requesting the payment and send it recorded delivery or personally hand it in.

    It's still not clear how she was "dismissed" - this could be a reason for non-payment of some kind.
     
  13. randomshenans

    Capodecina

    Joined: Sep 11, 2009

    Posts: 11,437

    Location: France, Alsace

    Why was she dismissed?
     
  14. Trig

    Mobster

    Joined: Oct 18, 2002

    Posts: 3,834

    Location: Leicestershire

    I wasn't paid for 2 weeks after I left my last job, they'll make some random deductions and stuff then pay on the next run most likely, if they're legit..
     
  15. Bounce

    Wise Guy

    Joined: Dec 22, 2011

    Posts: 1,386

    Location: Stoke-on-Trent

    The best course of action is to ;

    1)Send them a letter detailing what you are owed demanding they pay with a view of threatening legal action.
    2)Contact ACAS and go down the employment tribunal claim.

    In the future ;

    Always have a signed contract of employment
    Gather evidence of hours worked (Rotas,Clocking in records, emails/texts from your employer confirming your shifts).

    /End
     
  16. dal

    Hitman

    Joined: Sep 10, 2005

    Posts: 786

    Location: Lincolnshire

    Ok thanks for the advice. She has now been paid so panic over, but I really though they were going to try and not pay her.