ex employer owes money now going to court

[panzer459]

Hi I was wondering if anyone would be able to help me.

 

I used to work for a sole trader only for 18months. I was paid on a monthly basis but only for every 4 weeks so which should have been 13 payments throughout the year. i was contracted for 24 hours a week but my pay slips say less than that. I confronted my ex employer about this and he kept going on about that I were'nt entitled to holiday pay blah blah and that his accountant knows what he is doing.

 

Any way he changed accountants as he messed up the accounts, which i told him he would, but managed to get the knew accountants email address, and email him to ask for the correct calculations on my payslips and to confront his client about missing wages.

 

well his accounted issued NEW payslips with what i should have been paid, which is fine as they wouldnt have done so if it was all correct in the first place. I kept asking and asking for what was owed and I was fobbed off each time. when the end of tax year came and my P60 was issued again i told the accountant that obviously that the pay was wrong it and it needs to be corrected, but the P60 had already been sent to HMRC but the accountant still issued ANOTHER TWO P60's HMRC have the wrong information.

 

I left that employment and was issued a P45, I then found another job and because that P45 had the wrong information I emailed the accountant and he said he would rectify it but only to issue me with another P45 and not inform HMRC just like with the P60.

 

I have started court proceedings against my employer, and he has decided to defend it. he has now come up with an invoice that I OWE HIM MONEY, but he has given two different amounts on both invoices one to us and one to the courts.

 

the place of work is a scooter garage, I had work done on my scooter at the garage at an agreed cost, verbally, which has been paid, but now he has given me an invoice which i have never seen before, and its all ready been paid.

 

I dont know where i stand in court with this false invoice that he has pulled out of thin air and the wages he owes.

 

I have tried sorting it out with him but he will not listen then he threw abuse at my wife when she researched everything, all because he does not like being told by a woman what is right and wrong, so this is the reason why its going to court, we tried the tribunal road but it was out of the 3 months by the time we go in touch with them, and we didnt even know about the time frame.

 

any advice where to gather information or any advice in general really, as me and my wife are a little stuck.

 

Jon

[honeybee13]

Hello and welcome to CAG. I expect the forum guys will be along over the course of the day with advice for you.

 

Can you prove that you paid for the scooter repair?

 

My best, HB

[panzer459]

Hi and thank you

 

only that a friend, that is also a friend of my ex employer, lent me money for the work and I repaid the friend. but this friend relies on my ex employer for work to be carried out on his scooter when needed, so I dont think that he will be a witness, so its just a verbal agreement on the work which i did all the labor work myself i just paid for the parts. the invoice is dated in march last year but he decided to send an invoice the beginning of this year after seeking advice from ACAS. I am pretty shocked at how he has behaved as we were friends from school. which makes it worse.

 

Jon

[ericsbrother]

An invoice means nothing unless the debt can be proved so dont worry too much about that, it is a tactic designed to put you off by threatening costs should you lose. As you arent likely to lose if you can show what you should have been paid is different to what you got (the holiday pay issue will be your trump card there) then he can ask for the moon and it wont matter.

[panzer459]

thank you for the reply. So the invoice is not a major worry you think? not sure how he would be able to prove it either!!

 

I have all the first payslips that were issued month by month while employed there and I also have all the adjusted payslips that show the correct amount i should have been paid plus every bank statement to go with every payslip, and to put things in order I have done a spread sheet detailing what i was paid, the hourly rate for that pay an ten the pay i should have been paid with the NMW set next to it and then the total of the underpayment. but now thinking about it and the holiday pay there was a month in december that was half of a wage due to the xmas holiday period that i was not paid for which thinking about it was the only holiday that was taken that year so I should have been paid for that too.

 

I am just worried that I will lose, even though i have alot of evidence, its still daunting to go to court without professional help :O

[caro]

It sounds like you're well prepared and that is key when going to court. Just remember you have right on your side.

 

It's sad that this has happened with an old friend but friends don't try and rip you off so just concentrate on getting what you're owed.

[ericsbrother]

Sounds like you have done your homework. Most judges at small claims have seen it all before and allow both sides to explain themselves in their own way so that you are not disadvantaged. as long as your spreadsheet is easily iunderstandable you wont have much to do otherwise and all of the pressure will be on your ex-employer. I wouldnt be surprised if he wants to settle beforehand or doesnt bother to turn up and buries his head in the sand. The latter will require you to then pay a few more quid to enforce the debt but again, that is painless as you dont have to do anything other than tell the bailiff how much to collect..

[steampowered]

Now for the DQ.

 

Do make sure that you are able to show on paper exactly how much you should have been paid, and how that has been calculated. You'll probably have to walk the judge through your calculations. He will pick up on errors or inconsistencies.