Hi Guys

I recently took up a job with a local firm whilst out of work. My contract was terminated as the company received a fine from the council for some road signs i had neglected to collect. My argument to this is i wasn't given a A3 map of the roads in question which clearly shows all signs needed to be collected. Any way after the termination of my contract my wages for the week previous and 3 days i worked when i first started as well as 2 days prior to termination hasn't been paid. I wrote to them threatening legal action unless the monies owed were paid but have not received payment. They stated on the letter that they are withholding funds due to the amount of the fine and are trying to negotiate the fine down to a lower value and if they can do that i will be payed a percentage of what i'm owed dependent on the final amount of the fine imposed. I was payed by a separate company owned by the same company and think i was self employed as i had to apply to hmrc for a UTR number. I have since wrote back to them asking for a copy of the fine from the local council and a copy of my signed employment/self employment contract but have not yet received a response. Its around £800 i'm owed and will cost £60 on MCOL.

Can anyone advise if it is worth submitting a claim online and what my chances of winning are ? Many Thanks.

Hi Guys

 

I recently took up a job with a local firm whilst out of work. My contract was terminated as the company received a fine from the council for some road signs i had neglected to collect. My argument to this is i wasn't given a A3 map of the roads in question which clearly shows all signs needed to be collected. Any way after the termination of my contract my wages for the week previous and 3 days i worked when i first started as well as 2 days prior to termination hasn't been paid. I wrote to them threatening legal action unless the monies owed were paid but have not received payment. They stated on the letter that they are withholding funds due to the amount of the fine and are trying to negotiate the fine down to a lower value and if they can do that i will be payed a percentage of what i'm owed dependent on the final amount of the fine imposed. I was payed by a separate company owned by the same company and think i was self employed as i had to apply to hmrc for a UTR number. I have since wrote back to them asking for a copy of the fine from the local council and a copy of my signed employment/self employment contract but have not yet received a response. Its around £800 i'm owed and will cost £60 on MCOL.

 

Can anyone advise if it is worth submitting a claim online and what my chances of winning are ? Many Thanks.

Before they employed you, it should have been clear what the terms were. If you were self employed, then they needed to supply you with a contract for your services in which it was made clear about any liability for fines etc. So i think they are probably telling you rubbish.

You need to follow correct pre action protocols, otherwise you risk your court claim failing. You need to send them a letter before action giving them 14 days to pay you the amount owed, the sum must be stated and made clear why it is owed. Send recorded delivery. After 14 days you can do the MCOL, but you need to ask for advice about correct wording of the claim, as otherwise you risk your claim failing.

If you do it correctly, you should be succesful.