My employer has been using me to pay his bonus

[raystevens8040]

I have been working in a bar for over two years now. Payslips come by very rarely. Having JUST received payslips from the pay weeks in February & March I have noticed that what I have earned this year was well over what I thought, so I compared the net pay on the payslips with what was paid in to my bank account.

 

Each week there is about £20-£100 difference between what is the net pay on the payslips (after tax deductions) and what I have actually been paid (shown on my bank statements). I can also see, that despite having a 810L tax code, I have paid tax on all of my earnings to date (the date relevant to each payslips).

 

Looking at it, I'm sure my employer has been paying me a good wage, taking his cut out, and then giving me what my wage should have been that week, minus tax. To make matters worse, every April (new tax year) my employer closes the current business, and re-opens a new one that now owns by bar (checking on Companies House, each new business is apparently directed by someone who we have never heard off).

 

I know a few people in the past have tried to sue my company, but have failed as the owner of my bar, and the debtor, in the eyes of the law is no longer existent and the new company has no responsibility to fulfill the debt.

 

I will be visiting citizens advice on Tuesday regarding this, but I am worried now as I have worked out I am owed in excess of £1,000 (total from the company last tax year and the new one this tax year), but any advice you can give now will be greatly appreciated. I have not quit as I was fed (obviously false) promises that my wages will be sorted out "next week" which I have foolishly believed.

 

If I was to take matters to court (if things cannot be sorted between us), is there any way to prove the real director of the business has been the director for the past years, but has been operating under different business, owned by different people.

[raystevens8040]

Sorry, to add to the previous post, I should have been a bit clearer.

 

The £1,000 I'm owed is from wages that I just haven't been paid. Over time I noticed my wages haven't always been 100% accurate (a few hours missing here and there) I calculated roughly how much I am owed (since I haven't had any payslips bar the ones I mentioned in the post) using the hours I worked vs my hourly pay rate, the money I have been paid and my tax code (like I said, this is what I've been using as a rough estimate only).

 

In effect there has been two problems with my pay, one regarding being paid to much (on paper) but not seeing the majority of it and the second being paid (in my actual bank account) less that what I should have been.

[renegadeimp]

Could always take out a claim against him personally.

[BRIGADIER2JCS]

Given that there appears to be at least underhand if not fraudulent conduct you need to check with HMRC that your NHI and tax have been properly deducted and paid.

[Sidewinder]

May be worth looking at an ET claim for withholding wages and worry about enforcement if you are successful. The tax situation does need looking at too, so a call to HMRC is a good idea - it may at least confirm exactly what has been paid on your behalf and would support any claim for the correct net amounts not having been paid.