Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

+ Reply to Thread
Results 1 to 8 of 8
  1. #1
    Basic Account Holder Tweeds Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2010
    Posts
    5

    Default Haven't been paid outstanding wages

    Hello all,

    I resigned two weeks ago (amicably, in good fashion and with my employer not wanting me to work out any notice). I'm owed around 2500-3000 pounds for around 7 weeks work - I should have been paid the day before I resigned - however, I wasn't. During my resignation interview, my boss said my payslip was on its way and I'd be paid in a few days - all good I thought, shook hands and I left happy. However, alarm bells started ringing late last week, when I began chasing up my wages - my employer stated he was going to pay me by cheque (should have been BACS usually) and that it was being sent out that day. This cheque never arrived, and I'm finding it increasingly difficult to communicate with my ex-boss, either via phone or email - I think all my calls are being vetted.

    I'm beginning to worry a little now, I hadn't been at the company long - and it was a small company, so I was yet to sign any formal contract of employment. What would you recommend I do in my situation?

    Any advice would be greatly appreciated.


  2. #2
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    I am in
    Pixie land.
    Posts
    29,065

    Default Re: Haven't been paid outstanding wages

    Hello and welcome to CAGicon, sorry to hear about your problems. How long did you work there please?

    If money is not forthcoming, your ultimate move could be the small claimsicon court or another court. But hopefully other caggers will have suggestions on how to handle this without getting that far. Have you contacted your ex-employer since you left and do you have anything in writing?

    HB

    Illegitimi non carborundum.

    Please consider making a small donation to help keep this site running
    Click here to donate through PayPal (opens in a new window)

    If you are asked to deal with any matter via private message, PLEASE report it.

    IB/ESA Tribunal template successes [that I know about]:
    honeybee13 April 2008; brighton gal January 2010 ; cbbc May 2010 lee100 September 2010 HadEnough October 2010 nitelite February 2011 Pritti March 2011
    Nottingham1989 [with leemack] June 2011
    Follows
    0
    Following
    0

  3. #3
    Basic Account Holder Tweeds Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2010
    Posts
    5

    Default Re: Haven't been paid outstanding wages

    Quote Originally Posted by honeybee13 View Post
    Hello and welcome to CAGicon, sorry to hear about your problems. How long did you work there please?

    If money is not forthcoming, your ultimate move could be the small claimsicon court or another court. But hopefully other caggers will have suggestions on how to handle this without getting that far. Have you contacted your ex-employer since you left and do you have anything in writing?

    HB

    Sorry my post wasn't very clear - I was only there for 7 weeks. I've nothing in writing from the employer, other than my offer of employment letter, and my email correspondence with my boss since leaving.
    Yes, I have been in contact, we've exchanged a few emails - but he's no longer replying...

    Thanks


  4. #4
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    I am in
    Pixie land.
    Posts
    29,065

    Default Re: Haven't been paid outstanding wages

    I'm sorry, I don't know the answer to that. If you don't get any replies, or while you're waiting, you could read the directgov and ACAS websites on this. ACAS also have a confidentialicon helpline, number on their website and you could ring them for advice. I forget how late they are there, or you could try at 8am tomorrow.

    HB

    Illegitimi non carborundum.

    Please consider making a small donation to help keep this site running
    Click here to donate through PayPal (opens in a new window)

    If you are asked to deal with any matter via private message, PLEASE report it.

    IB/ESA Tribunal template successes [that I know about]:
    honeybee13 April 2008; brighton gal January 2010 ; cbbc May 2010 lee100 September 2010 HadEnough October 2010 nitelite February 2011 Pritti March 2011
    Nottingham1989 [with leemack] June 2011
    Follows
    0
    Following
    0

  5. #5
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    elpulpo Informative elpulpo Informative elpulpo Informative elpulpo Informative elpulpo's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2009
    Posts
    2,161

    Default Re: Haven't been paid outstanding wages

    You need to send a letter to your former employer, outlining the money you are owed and stating that the payment is overdue. State a date that you expect to receive payment by, and that you will take all necessary legal action to recover the money.
    Headline the letter letter before actionicon and send it by recorded delivery.


  6. #6
    Basic Account Holder ehioze Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2010
    Posts
    2

    Default Re: Haven't been paid outstanding wages

    Quote Originally Posted by elpulpo View Post
    You need to send a letter to your former employer, outlining the money you are owed and stating that the payment is overdue. State a date that you expect to receive payment by, and that you will take all necessary legal action to recover the money.
    Headline the letter letter before actionicon and send it by recorded delivery.

    A few questions.

    1. If he didnt sign a contract letter and was just verbal, he cant make any claim. As there was NEVER A FORMAL Agreement ???

    2. If he sent an email, is that not as good as a formal letter ?

    Please correct me if am wrong


  7. #7
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Nov 2009
    I am in
    Pixie land.
    Posts
    29,065

    Default Re: Haven't been paid outstanding wages

    Quote Originally Posted by ehioze View Post
    A few questions.

    1. If he didnt sign a contract letter and was just verbal, he cant make any claim. As there was NEVER A FORMAL Agreement ???

    I meant that you would be claiming against him for non-payment. Is that what you are asking here?

    2. If he sent an email, is that not as good as a formal letter ?

    I would have said that was good evidence, yes.

    Please correct me if am wrong

    I think I'm right in saying that if you have no written contract, then standard terms are assumed to apply. You should be able to find more on that on the directgov website. Also consider the CAB and ACAS if you think you need someone to talk to. Or we'll do our best.

    I hope that helps.

    HB

    Illegitimi non carborundum.

    Please consider making a small donation to help keep this site running
    Click here to donate through PayPal (opens in a new window)

    If you are asked to deal with any matter via private message, PLEASE report it.

    IB/ESA Tribunal template successes [that I know about]:
    honeybee13 April 2008; brighton gal January 2010 ; cbbc May 2010 lee100 September 2010 HadEnough October 2010 nitelite February 2011 Pritti March 2011
    Nottingham1989 [with leemack] June 2011
    Follows
    0
    Following
    0

  8. #8
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    elpulpo Informative elpulpo Informative elpulpo Informative elpulpo Informative elpulpo's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2009
    Posts
    2,161

    Default Re: Haven't been paid outstanding wages

    Quote Originally Posted by ehioze View Post
    A few questions.

    1. If he didnt sign a contract letter and was just verbal, he cant make any claim. As there was NEVER A FORMAL Agreement ???

    2. If he sent an email, is that not as good as a formal letter ?

    Please correct me if am wrong
    1. Nah, a contract was implied as soon as they shook hands and agreed he'd do the job. He doesn't need anything in writing for a contract to exist.

    2. For legal purposes, a good old snailmail letter is still best.



Viewing CAG on a small screen? Switch to the mobile version of the site

Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE