Company refusing to pay salary

[Jay7788]

Hi

if any one can help me .

 

I have worked for around 3 weeks for a limited company.

Company was operating as retailer at Esso service station

 

on 3rd of May MFG which owned the esso fuel station fired the retailer due to breach of their contract .

The retailer is now holding about 7 member of staff wages.

It's 1 women ltd company and still active .

 

I have send them letter before action as my worry is she is going to dissolve the company and then no one will left take court action. 

My intention is to small claim 

 

If any one can help with particular of claim. 

 

She did give me contract which only signed by me not her  

 

Do I need  to have written contract signed to take court action .?

 

HER actions put me in hardship .

 

My job title was sales assistant. 

 

Thank you 

[fkofilee]

How much are you owed? Are you able to demonstrate how much is owed to you? 

[brassnecked]

Have you anything in writing regarding wages, hours etc?

[Jay7788]

I have got time sheets and  all staff Rota. She owed me £900.00  24 hours  per week  .my hour and hourly rate is written in contract  but she never signed  it .I have just started from 06/04/2019 till 5th may 2019.

[Jay7788]

Any suggestions?All I am looking for to get my salary paid. Just need help with how to draft particular of claim. 

Thanks 

[ericsbrother]

it doesnt matter that the contract wasnt signed, that is a red herring so not worth mentioning again in this dispute.

So you write a letter stating that  worked xx hours between such and such dates at the agreed rate of £x.xx per hour and demand that the money is paid within 7 days or civil action will be taken to recover said monies for breach of contract..

 

It can be that simple.

If she pays with up with tax and NI deducted you check with HMRC that she has paid them the correct money

 

[Jay7788]

hi ericsbrother 

thanks for your reply and sorry for late response 

i have did what you said but no reply from her at all .so going to begins civil action.

will update due course,

thanks again  

[Sidewinder]

The above advice is sound. One chance to resolve and a reasonable deadline for doing so, then follow through with the threat. MoneyClaim for breach of contract and a demand to be paid what is due. You can claim for reasonable costs for time, copying, stamps etc and also add the fee for lodging the claim to the amounts owed plus interest.

 

Make sure that the claim is served to the Defendant at the correct address and in the correct name. Unfortunately making the claim and getting a Judgment doesn't necessarily just result in the money being paid. You may need to pay more for enforcement, and if the claim is made against an insolvent company you may never see a penny. That isn't to say that you shouldn't proceed with the claim, just that it may be necessary to take professional advice should any next steps be required

[Jay7788]

hi sidewinder

thanks for your response .I have no other option i would rather claim or just do nothing .i will be sending claim in the morning .

i would rather try end of the day i worked hard for the money and wont  let her get away with that .

She will pay up once  claim issued.  

[ericsbrother]

she will also have to pay your costs ( court fee) or you dont drop the matter, just state that it is partially satisfied