Son's employer refusing to pay final salary

[kp278]

Hi,

 

I'm happy to write an essay full of details, but I'll keep it simple first as it may be fruitless.....

 

My son's boss owes him around £1600. Boss said he would calculate what he owes my son, but that was many weeks ago and I'm unable to get a response from the Boss now. I have text messages from my son's boss to this effect so I have evidence that a salary is owed - but - there is no contract. The boss was my sons aunties boyfriend until recently, so it was all a bit 'keeping it in the family'.

 

Would a lack of contract rule this pursuit as fruitless, or are the text messages enough to go hunting?

 

Many thanks!

[unclebulgaria67]

Letter before action and then if not paid, your Son can issue a County Court action.

 

If you click on letter before action it is post #1 of that thread that contain the information required.

 

Was the employer a sole trader ? Was it a limited company ?   Need to make sure the person responsible for paying the wages is sent the letter and issued the Court claim.

 

 

[kp278]

Hi, thanks for your quick reply. Good to hear it should hopefully be a worthwhile pursuit.

 

Now for the extra info:

 

This is the company:

https://www.facebook.com/JPartificialgrassandlandscapes/

https://www.bark.com/en/gb/company/jp-artificial-grass--landscapes/DQqRP/

https://find-and-update.company-information.service.gov.uk/company/13477487

 

It's a registered Ltd company, the only director is my sons cousin (not his auntie - sorry). Before I pursue this, should I make sure said cousin has removed herself as a director - so she isn't tied up in any mess - or is it somehow to my advantage that she is a director? The company was created in June just after he stopped working for them.

 

I don't know where the boss lives, neither does the cousin. Maybe I can find out - I have a name, email address and mobile number. I think serving papers should be ok.... he doesn't know me so getting him to go to an address for a "quote" won't be a problem (if that's how it works when you don't have a defendants address).

 

Many thanks

Edited October 25, 2021 by kp278

[unclebulgaria67]

Sounds like a new company was formed, after your Son worked for the people  concerned. This could be an issue as it may be difficult to enforce a CCJ against a company that no longer exists. I.e. they may not hold any assets.

 

If your Son worked for a sole trade e.g. Mr Fred Bloggs, it would be easier, as that person would be responsible for paying the amount he agreed to pay your Son.

 

[kp278]

I think it was/is a fairly unprofessional outfit, so every chance he was a sole trader before registering a company, if he even declared himself as self-employed.

 

In the text messages he suggested my son was also self employed and that he as a boss didn’t have to pay pension or holidays. 
 

It did cross my mind that if that was the case, maybe my son should just invoice him?

 

(My son was a 17 year old labourer in his first job since leaving college so he would have been quite naive about the whole situation.)