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Left a perm job 2 weeks ago, thought it was left well, no issues on either side. It was a short notice as I was in my probation.
I was meant to be paid my final wages mid last week and nothing came through. I emailed my boss who basically sent me a barrage of abuse about how I left him in the proverbial. However, he did say I’d be paid this week and I’d get my payslip today...I haven’t.
So, assuming he doesn’t pay me this week, what are the next steps to get monies owed?
My thought was to send a fairly short email giving a date when I expect to receive the pay by and that he’ll be receiving correspondence from my solicitor if he doesn’t.
If that reasonable? Much else I can do?
Forward your boss's email to chief exec and head of HR with a side helping of...I'm taking legal advice.
Google 'Letter before Action' - it's the first step down the legal route, very easy to do, but you have to tick specific boxes, so just use a template.
Forward your boss’s email to chief exec and head of HR with a side helping of…I’m taking legal advice.
Small company, my boss is the owner/MD/HR so there’s no one to go to above him.
You already have the answer but keep your email very short...
My thought was to send a fairly short email giving a date when I expect to receive the pay by and that he’ll be receiving correspondence from my solicitor if he doesn’t.
You can get bailiffs to visit him and reclaim the money for something like 60 pounds.they are called the sheriffs.not sure what you have to do before this action though with other legal routes etc.pretty sure you can arrange these yourself.
You can get bailiffs to visit him and reclaim the money for something like 60 pounds.they are called the sheriffs.not sure what you have to do before this action though with other legal routes etc.pretty sure you can arrange these yourself.
Not until you've taken them to court, won your case and they've continued not to pay.
If you don't get paid and don't want to use a solicitor, use the small claims court.
How much is the wages?
I have a tame solicitor wound do the letter for free, more work will obviously cost.
Wages are circa £3k so not loads, but enough to chase.
footflaps has it, as the step before small claims.
I'd keep it cordial for one last email. Height be under a lot of stress and taking it out (all be it unfairly on you). Tell him you understand he is upset and maybe under stress but you need your pay slip and money.
Based on you having a tame solicitor...send email stating money owed, latest date for payment, non compliance to result in legal action.
Have tame solicitor send letter then use small claims court as that's a lower cost option.
Solicitor's letter to state that ex-employer will be liable for legal fees.
Not an employment lawyer, but I think unpaid wage claims can also go via the Employment Tribunal. There's a much tighter time limit but probably easier and quicker (as I said though, IANAEL). Ask your tame solicitor mate.
If you don’t get paid and don’t want to use a solicitor, use the small claims court.
My recent experience is that this isnt what it once was. One could blame covid but a bit of googling shows its not uncommon - so basically I made a small claims application and paid my fees, it was then allocated to the local court. The "judge" took a look and booted it up to County Court, where I was invited to pay a fee to have the claim stayed, varied or set aside. I didnt want this so the County Court allocated the claim and I was invited to pay a further "trial fee" which I did rather than have it struck out. The new judge then vacated my hearing date, stayed the claim until a later dated and instructed both parties to use best endeavours to settle the claim.
So, six months older, £765 lighter and rather annoyed, that is what I did.
I then asked for a refund of the trial fee, since no trial had taken place but this was firmly declined by the Court.
Moral of this story - pay a solicitor to put the shits up them!
All a solicitor will do is send a letter before action on your behalf as that's the first step in the process. You can just send it yourself, its a standard template.
My wife had something similar. She wasn't paid for a months wages, solicitors letter, small claims court, won the case, and still didn't get paid.
She came across her boss- the owner of the company- who was out at dinner in a restaurant with a lady. She gave him a piece of her mind and chucked a glass of wine over him.
She got the pay after that and puts it down to the bosses embarrassment at this happening while out on a date.
Probably not the best course of action!
^^ Your wife sounds awesome!😄
That's not a word I use often either.
A few thinly veiled threats face to face with no witnesses got me a final month's pay out of an employer in cash. The boss later did three years in a Spanish jail for a long list of financial naughtiness including not paying employees.
If you've worked for a company you probably know a lot about suppliers and customers.
One more letter - a letter before action, then if that fails, small claims court, Which you will most likely win, but it will be a long slow process (most likely).
Even when you win dont expect them to just simply pay up, you then have to enforce the judgement, there are various options for this including bailiffs, ccj's on their credit record, put a charge on their house etc, have him declared bankrupt. You'll most likely get the money you are owed but it will be a long slow process and it will cost you money until they actually pay up.
Your small claim will be against the company not an individual (I would imagine) , so that will change the options you have available to enforce the judgement, assuming you win.
We took someone to small claims court (not for not being paid wages though) for around £1300 worth of damage to a car, the person we took to scc tried all the tricks in the book to get out of it including claiming that he couldnt speak/read/write english.
It went to court, he didnt turn up, so we won by default, then he claimed some spurious reason for why he couldnt attend, so it went back to court, he turned up this time, we won again.
He didnt pay within the timescales specified in the court judgement, so a ccj was applied to his record. We got the bailiffs to go round but they said he had no assets worth seizing, we then started the process of putting a charge on his house, so that when/if he sold it we'd get the money from the proceeds of the sale, before this happened he just paid up. I'm assuming the CCJ on his record was affecting his ability to borrow more money, so he decided to pay up. It took around 2 years from the start of proceedings to us getting the money.
We did it all ourselves with no formal legal representation - you just have to understand the process and be very patient, you have the laugh at the tricks the 'defendent' will try to slow down the process, or make you think its not going to be worthwhile/too much hassle etc. It opens your eyes to how much crap the legal process has to put up with from people trying to dodge their responsibilities.
You have to look at the effort of the small claims court process as a job, where you will be paid the amount you are owed if you're successful. UNtil you actually get the money it will cost you more money, each step of the way involves you paying for that step, but the costs will get added to what they owe you. As long as you are succesful in getting them to pay you'll get the money back. I guess though if the person has no money (or is clever about hiding assets) there is a chance you wont get anything at the end of the process - so you need to weigh up the chance of this happening.