Odd Case

[Zaizen]

October 2008 I left my first job with Augest, September Invoice outstanding (ie they still owe me the money).

 

Because of some personal problems i was unable to chase up the money owed to me but i feel i am well enough to continue my life and would like to claim the money that is owed to me, however, since it was over a year ago is it possible for me to still get the money? I know this sounds odd but there was never a contract as they kept "forgetting" to provide me one and because of the pay i kept working there i think i shot myself in the foot any help would be most welcome.

 

Kind Regards

Zaizen

[kernowayr]

Way too late for getting help with this from an Employment Tribunal. However, do check at CAB for advice on how to issue a civil claim in your local County Court for the debt if you prefer. Under the Civil Procedure Rules you have up to 6 years (from the date the debt became due to you) to start the action and, if it's a "small claim", does not cost much nor expose you to Costs Orders being awarded against you for a genuine dispute and not a provable vexious one should you lose. Good luck!

[Conniff]

No need for court action yet. Get all the information you have on paper, ie payslips/P60 etc; and then when you know exactly what they owe you, write to them and ask for it.

 

Any further action will depend on the reply you get.

[Zaizen]

hi thank you for the replies just wanted to inform you guys that i spoke to ACAS and they sent me to CAB who then sent me back to ACAS but neither were able to help since my employer had told me that i was self employed and i didnt get any pay slips or anything so just wondering do have a leg to stand on even tho i had no contract?

[Zaizen]

Would appriciate a reply if anyone knows the answer to it.

[Conniff]

If you were told the hours you must work each week and your hourly pay, then that shows you are employed and not self employed.

If you had to apply for holidays instead of notifying when you would be taking them then that is employment.

 

As you say 'Invoice' that would suggest that you were in fact self employed and if you have worked without paying NI or income tax, you could lose out on pension etc; and be in for a fine for not notifying HMRC.

[Zaizen]

AH i didnt think about that. How long do i have to inform the HMRC? I was told that because i was only working part time and not earning enough that i did not need to pay tax or for that matter need to register myself as self employed. This was from their own accountants.