Redundant and still no wages.

[sapnas]

Hi,

 

I have recently been made redundant due to the shop closing down. We were given 1 weeks notice only.

 

The shop closed down on the 31st of October 2009 - today is the 16th of November and I am still wating for my wages.

 

I tried calling my employer but she does not answer my calls. She only replies to my txt messages.

 

I texted her about 2 weeks ago asking if she's paid my wages, she replied saying that she posted a cheque to me and another co-worker.

 

But the cheque never came (co-worker still has not received it either). So I txted her again asking to make a payment directly into my account and IF I get the cheque in the post I will cancel it.

 

She said that she canceled the cheque that she posted and asked for my bank details so she could pay the cheque directly ino my account. But I still have not recieved any money. I texted her again sayin that I am getting alot of overdraft charges and unpaid DDs and Credic Cards and if she could pay the money into my account ASAP. I asked her to do it on Friday.

 

She then replied, I have been unwell and I wasn't going to get out of bed for anyone! I don't know what happend to the cheque but I posted it so it's not my fault you are being charged for unpaid DDs and late credit card payments! etc. etc.

 

So, it's the 16th now and I am still waiting for my money.

What are my options? What can I do to get the money legally and get her to pay for my overdraft charges etc.

 

Thank you for your help.

[elpulpo]

Is this a small business?

A sole trader?

Doyou know where the registered office for the business is?

[sapnas]

It's a franchisee.

[elpulpo]

Just trying to establish who your employer is 'technically'.

Did you have a contract of employment with your employers details on it?

Do you know this woman's home address?

[sapnas]

It's a mini photo lab shop.

I, as well as others working there, have never seen any contracts when started working there. However, they, the employers/owners of the shop have mentioned our 'contracts' verbally in some situations.

 

I do not know their how address, - I do know where their other store is, which is still operating. And obviously, I know where the Head Office of the business is.

[elpulpo]

Ok. What I would do is write a letter detailing the dept owed-

headline it letter before action.

Address it to your former employer, stating that unless payment is received within 7 days you will persue all neccessary legal options to recover the money.

Send it by recorded delivery to the remaining store.

Also send a copy to the Managing Director at the Head Office.

 

Not paying you constitutes an unlawful deduction of wages, so you should have a simple case to recover the money.

If they don't cough up it may take quite some time to recover though.

 

If I might ask, were you paid National Minimum Wage, or something very close to it?

If so, non payment of wages would probably mean they've not paid NMW, meaning you can complain to HMRC . They have a help line 0845 600 0678

[rebel11]

This is only a suggestions:-

Insolvency payment claims : Directgov - Employment

http://www.insolvency.gov.uk/pdfs/RP1%20Form%20revised%20Feb07.pdf,