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owed wages!!


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hi everyone, i need some help on a matter.

 

my fiance william worked for a recruitment company for 3 months, he then decided to find another job closer to home which he did. he was due to get paid what he was owed (around £400) on the last day of june.

 

he didnt get paid and neither did anyone else in the company. he contacted the manager who assured him that there was just a problem with the systems and he would be paid sometime that week.

 

obviously that didnt materialise and hes now ignoring all the phonecalls/msn. we have tried contacting all of the 5 offices they have around the uk but the numbers are not recognised:mad: does anyone know how we can find out whats happening? he has contacted the CAB who said to send a formal letter but where will we send it to if hes closed down all the offices?:confused:

 

thanks everyone!

 

allison

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Sonds like the employer is in liquidation - if so:

 

Where an employer becomes insolvent owing debts to employees there is a special scheme to compensate these workers. This is known as the 'Insolvency Provisions' of the Employment Rights Act 1996. Under Section 184 of the Act the Department of Employment Redundancy Payments Section will pay to such workers the following debts:

  • Any arrears of pay up to eight weeks.
  • Any statutory notice pay.
  • Up to six weeks' holiday pay.
  • Any basic award of compensation for unfair dismissal from an employment tribunal.
  • Reimbursement of fee or premium paid by an apprentice or articled clerk.
  • Repayment of contributions to occupational pension scheme collected from employee's pay but not paid into pension scheme by employer - Section 124 Pension Schemes Act 1993.
  • Redundancy payments - Section 166 ERA 1996.

Contact must be made with the local Department of Employment Redundancy Payments Section for the appropriate forms. If a claim is refused by the Department of Employment, an appeal may be presented to an employment tribunal, normally within three months of the refusal.

 

Not my words -But appears correct

 

The starting point for enquiries is to telephone the Redundancy Payments Office free helpline on 0845 145 0004

 

 

DTI Booklet PL718 entitled "Employee's rights on insolvency of employees" is a useful summary of relevant law (available free of charge from the HMSO or the DTI Employment Service

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Hi

 

Companys house holds a register of business in this country, each business has to send in a return annually to confirm the status of that business. This is not such a big issue for you at the moment, more important is getting your money back that you are owed.

 

If the business has gone into liquidation you will need to told officially by the appointed insolvency practitioner. You then become a creditor for that business and you are in No1 postion to be paid. If the company cannot pay you then you need to follow the advice from elche286, using the Redundancy Service.

 

You can claim for outstanding wages and any holiday pay that was due at the date of leaving. they will sort the Tax/NI for you.

 

Chances are that if the liquidation is very recent the insolvency practitioner will not have informed everyone of there legal rights as yet so you may have to be patient but you will get your money if this is what has happened.

 

If the company is not in liquidation that is a totaly different scenario and I would suggest a letter written to the employer demanding the payment owed.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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