Employer Not Paying Wages

[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

[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.

[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.

 

[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.

 

[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

[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]

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