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non payment of wages and various other issues


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Hi,

I have a problem with non payment of wages and various other issues.

A not so brief history:

I worked for a company that made me redundant at the end of September 2008, owed 1 months wages, I was told that I could work for new company starting the next day, took (new) job. There were 3 new companies started, I was not told which one I was working for.

The old company is now being wound up (compulsory liquidation), although the October wages were paid by the new company! The old company had wife as sole director and husband really ran the business, she did not do anything without his say so, the new company is owned by and sole director is the husband.

Raised first written grievance addressed to all four companies 04/11/2008 for outstanding wages and usual leaving doc’s and starting doc’s, confirmation of which company I was employed by. Received October pay owed by old company and November pay owed by “new” company the end of November.

I was finally told which company I was working for and received contract and statement of employment, but only after I amended the old company’s contract and S O E for all employees, i.e. created my own contract.

Raised verbal grievance re non payment of the December wages, paid in stages after chasing many times, last payment was 16/01/2009.

Continual chasing for non payment of the January 2009 wages.

Raised second written grievance covering non payment of wages for Jan and Feb wages on 06/02/2009.

11/02/2009 received redundancy letter for old company and new company payslips for the Nov, Dec pay.

Received Jan pay on 19/02/2009, Feb still outstanding.

As a result of a call to my tax office I found out on 20/02/2009 that the new company had not sent their part of the old companies P45 to the tax office, I raised a grievance and a week later I was told today that it was sent yesterday.

I believe the company is trading insolvent; they are not paying because they do not have the money.

I am also aware that if the company is declared insolvent, the insolvency service will only pay up to 40 working days back pay, although at a reduced rate. As such I need to try to force the company into insolvency and or be made redundant asap.

Every day over the 40 days I will have no chance of recouping any of the money owed. I have checked and even if I receive an employment tribunal award and the company goes bust the insolvency service rules still apply.

If I do not receive payment of the Feb wages by next Friday 06, I can complete an ET1 form.

I have been told about the money claim website and I am also aware of a statutory demand, although not sure if either are suitable.

Thank you for taking the time to read this!

Does anyone have any advice?

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