Employer Not Paying Wages

[rippedoff15]

Over the last few months my daughter's employer has been paying all staff late and her monthly wage late in fact 2 months behind and due to this happening and the stress, she has been forced to leave the company and started a new job which is way forward, her old employer has still not paid my wages and its been 9 weeks and the amount is over £4000.00 and they are now not giving any information when this will be paid. Over recent months due to have no wages she has had to live on my credit cards which are all at maximum and we have been supporting her paying her mortgage and bills which is now crippling every month.    

I need advice in how to resolve this major issue quickly and to bring closure 

 

[BankFodder]

Please will you tell us the name of the company.

Also, how much are we talking about?

How long has has she been working there and has she accrued any holiday pay

[BankFodder]

Also please tell us the precise date that she left the company

[rippedoff15]

The company is Advanced Oncotherapy and employed there for 3 years and left on 9th June, and had no wages for 9 weeks. And no information when wages & outstanding holiday will be paid, staff still employed are in the same situation as well. 

 

[honeybee13]

The comments on glassdoor aren't all favourable and the company don't seem all that well organised, according to what people are saying. I'm not a member but a google search shows that at least one person mentions late payments.

For a stockmarket quoted company this is disappointing.

Security | Glassdoor

WWW.GLASSDOOR.COM

HB

[rippedoff15]

Never been an issue until December 2022 and since then late payment of wages and now no information nor any payment of outstanding wages. Totally agree the directors getting paid and not paying the staff. 

 

[BankFodder]

I have put the word out to one of our people @Emmzzi who is extremely knowledgeable about employment law but in the meantime I would suggest that you make an immediate complaint to the employment tribunal.

You have a very short time to do this – the time limit is three months and I understand that your daughter has already left her job nine weeks ago.

You need to get this going.

She would be claiming unfair dismissal on the basis that she has been constructively dismissed. It's a long time since I've done this kind of stuff but I can tell you the constructive dismissal if actively means that the employers have created a situation which is so intolerable that they have effectively dismissed your daughter even though it was her choice to go.

I would say that not being paid for any particular period of time would be an intolerable situation and she will be justified in leaving. She has been working there for more than two years and presumably more than 16 hours a week so she has employment rights.

The other reason you need to get going is that presumably this company is in trouble and they may pull the plug before you know it and then there will be no action before the employment tribunal or elsewhere.

As a backup action, you can also sue in the County Court – but unfair dismissal damages would be far more interesting.

Hopefully @Emmzzi will be along before too long and will either confirm what I say give you further advice or give you better alternatives.

[Emmzzi]

Hello,

if all she seeks is the unpaid wages, small claims court will be faster and easier. Send a letter before action, outlining what is owed and giving say 14 days to respond before a claim is raised.

if she wants any unpaid holiday owing and a notice period, then proceed as @BankFodder suggests above, being aware there is a bigger backlog for ETs than Small Claims and it may take longer.

Neither route is speedy I am afraid.

[rippedoff15]

Well been stressful few weeks, we contacted ACAS and they accept the complaint and ACAS started action using the early consolation and ACAS confirmed they are speaking to the Employer but getting nowhere in fact every call was no staff to deal with this matter at this time. However last night ACAS ended the early consolation stating the employer has now refused to deal with this matter and they have issued a certificate and stated my daughter now has 1 month less 1 day to make a claim for constructive dismissal. 

With regard to outstanding wages which currently is £4,775.50 this has not been paid nor any information when it will be paid, the company have issued May & June pay slips again no payment. We have started to input using the MoneyClaim Online and looking at filing against the company & the CEO / director as well as person.  

Our Plan 

1, Issued both the company & the CEO letter before action giving 14 days notice ( Just need to find draft copy ) 

2, On day 15 if payment not made to my daughter submit the paperwork to the court via MoneyClaim Online - To both company & CEO / Director who are registered at the same address (Company House confirms the company is still active)

3, Once court papers submitted online issue both parties the particulars of claim ( Our Evidence May, June payslips & letter from company referring to non-payment of wages to all staff also letter stating all staff will receive one-week wage to cover any charge s incurred with no payments made to my daughter.    

Question - The company are based to London City, can we ask any hearing be held in our local County Court as cannot see on the paperwork where any hearing will be held. 

Any feedback will be much appreciated 

[BankFodder]

If you are going to go the County Court route then given the fact that it has gone to ACAS and you have your certificate, I would say that this is probably a good basis for dispensing with the letter of claim and going straight to MoneyClaim.

I would suggest in that case that you send them an email today saying that you will be issuing the claim on Tuesday if they don't make an immediate payment to you – and provide your bank details.

Once you have issued the claim, then wait for the 14 days to adapt to see if they file defence. C the defence but be prepared to apply for summary judgement immediately.

Look up CPR 24 on the County Court website and you will learn something about summary judgement – which basically means that you argue to the judge that there is no chance of success and that the court should award you judgement without even going to trial.

You are dealing here with a business which appears to be in trouble and you probably need to get your foot in the door – get a judgement at least so that you are a preferred creditor – and then get the judgement transferred up to the sheriffs for High Court enforcement.

 

[rippedoff15]

Question can we filing against the company & the CEO so if the company go bust the CCJ is still active against the CEO  

[BankFodder]

It is called "piercing the corporate veil" – and it is pretty difficult to do. You would have to show some real wrongdoing in order to get beyond the limited liability protection.
Look it up on the Internet – by all means include the CEO unless you find a downside. I'm afraid it's in a bit out of my experience.

[BankFodder]

Incidentally, an application for summary judgement – CPR 24 – would have to be made by application notice form N244 which I'm afraid will cost you about 250 quid although you will have that sum awarded to you once you get judgement.

Of course the problem is always will be enforcement but I think that speed is of the essence here.
 

As @Emmzzi has pointed out, the IT route is probably going to take a long time.
However, if there is any money outstanding in lieu of notice or holiday pay – I don't see any problem adding that your County Court claim.

 

[rippedoff15]

We have given detailed list of outstanding money requesting payment and sent the email with delivery & read receipts. Personally don`t think they will pay and we will submit claim online Monday, spoken to ACAS this morning and they have said my daughter has good case of constructive dismissal and she should file this through to the Employment Tribunal using a solicitor so we now are looking into this as well, as we only have short window t file and been quoted 1 month less 1 day from ACAS .  Currently due to this my daughter is now in debt for £6k and very stressed and upset. 

[BankFodder]

There is no need for you to use a solicitor in this case.

I am quite sure that you can start the process off yourself and it seems to me that there is no defence to the facts at all.

The main issue will be a question of trying to press ahead for a good level of compensation

[rippedoff15]

I have submitted the Employment Tribunal which was very simple to complete, question regarding the court action do we send to the companies registered office as per companies house as they also have another office in London as well. we have sent email today and got delivery & read receipts coming they have been opened.   

[BankFodder]

Now here's a little problem that I'm not certain about.

I'm not sure if you can run parallel cases on basically the same issue – although until somebody stops you I suggest that you go ahead with the caveat that if you can't and you pay some claim fees, it may be that one of the claim fees – either for the IT or for the small claims court will probably not be refundable.

I don't have time to have a look round the Internet at the moment – maybe you could search and see can you bring simultaneous claims for unfair dismissal in the industrial tribunal and also bring a parallel breach of contract case in the County Court.
It may be that you can bring breach of contract case in the County Court and then explained to the IT that you are seeking a reduced settlement for unfair dismissal to take into account the money you have received through the County Court system.
I'm afraid I really don't have the answer to hand.

Maybe @Emmzzi or my site team colleague @Andyorch will have an idea.

[BankFodder]

Employment+tribunal+and+County+Court+claim+at+the+same+time - Google Search

WWW.GOOGLE.COM

 

 

[Emmzzi]

You cannot have the same case heard twice so one claim will stop when the other concludes. You can pursue elements which are for related, but not the same, matter.

 

 

[Emmzzi]

Employment claims in the civil courts - Working Families

WORKINGFAMILIES.ORG.UK

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Some types of employment-related claims can be brought in the civil courts, rather than in an Employment Tribunal. This advice page offers a high level...