The employer didn't pay for one day.

[postggj]

the key here is

 

DOES HE RECEIVE A WAGE SLIP FROM THE EMPLOYER AND PAY TAX NI OR DOES HE PAY A SUBBY TO COLLECT THOSE DEDUCTION

 

THERE IS A DIFFERENCE AS YOU MAY BE AN EMPLOYEE OR WORKER

 

THERE IS A DIFERENCE

[pugilist]

the key here is

 

DOES HE RECEIVE A WAGE SLIP FROM THE EMPLOYER AND PAY TAX NI OR DOES HE PAY A SUBBY TO COLLECT THOSE DEDUCTION

 

THERE IS A DIFFERENCE AS YOU MAY BE AN EMPLOYEE OR WORKER

 

THERE IS A DIFERENCE

 

he receives a cheque(wages) every two or three weeks and this is it. the employer onec a year gives them some paper showing that he pays taxes for his workers.

[pugilist]

Good afternoon,

 

I'd like to know what should I do. The situation is as follows: I want to return my taxes back, but my employer does not give me payslips. Before I started working for him, he said he would give me payslips at the end of the tax year. He still did't send me anything. I reminded him about it one more time last week, and he said he would send the payslips via Royal Mail and I would receive it in around 2 or 3 days, but still he didn't send anything.

Whom should I address to complain? Who will investigate this?

Thank you.

[honeybee13]

Hello again.

 

Are you talking about your tax return? If you need to fill one in, then clearly you need payslips or a P60. Have you had no paperwork at all from your employer?

 

Depending on how things stand, you may need to contact HMRC later on, but you may not need to at this stage.

 

Why does you employer need to post the documents, are they in a different place from where you work please?

 

My best, HB

[pugilist]

Hello again.

 

Are you talking about your tax return? If you need to fill one in, then clearly you need payslips or a P60. Have you had no paperwork at all from your employer?

 

Depending on how things stand, you may need to contact HMRC later on, but you may not need to at this stage.

 

Why does you employer need to post the documents, are they in a different place from where you work please?

 

My best, HB

 

Hello! Glad to see you again!

 

Yes, I'm talking about my tax return. I have no paperwork from this employer. He needs to post the payslips because I do not work for him at the moment.

 

I found out something about my issue. Do you think it'd be wise enough to text him this:

"Dear Employer. I've been trying to get my payslips for so long and you still didn't send anything. By doing so you violate my right to receive payslips showing pay and deductions, thus you break the Law - Employment Righs Act 1996, s8.

If you refuse to send the payslips to me I'm afraid I'll have to make an application to an Employment Tribunal under section 11."

[honeybee13]

Hello there. I'm not sure about the text you're thinking of sending, maybe you could wait for some more of the guys to arrive? It sounds a bit confrontational and could be a problem if you hope to work for the employer again.

 

Have you had a letter from the tax people about your tax return, is that why you're asking? Not that I would discourage you from filing a tax return at all. Do you know if your employer has been deducting tax or National Insurance [NI] from your earnings? I can see you may not if you don't have payslips.

 

How long have you worked there please? I assume you're an employee and not self-employed.

 

My best, HB

[pugilist]

Hello there. I'm not sure about the text you're thinking of sending, maybe you could wait for some more of the guys to arrive? It sounds a bit confrontational and could be a problem if you hope to work for the employer again.

 

Have you had a letter from the tax people about your tax return, is that why you're asking? Not that I would discourage you from filing a tax return at all. Do you know if your employer has been deducting tax or National Insurance [NI] from your earnings? I can see you may not if you don't have payslips.

 

How long have you worked there please? I assume you're an employee and not self-employed.

 

My best, HB

 

May be it is confrontational, but it's hard to be polite with him now.

 

I know 100% that my employer has been deducting tax from my earnings.

I worked for him for 6 months as self-employed.

[cerberusalert]

See; http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_10027228

[pugilist]

See; http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_10027228

 

Thank you.

[honeybee13]

May be it is confrontational, but it's hard to be polite with him now.

 

I know 100% that my employer has been deducting tax from my earnings.

I worked for him for 6 months as self-employed.

 

Hello again. I don't know everything about being self-employed, but I thought you accounted for your own tax in most cases. Which sector did you work in please?

 

Have you had any paperwork at all from the employer about what you were paid?

 

My best, HB

[pugilist]

Hello again. I don't know everything about being self-employed, but I thought you accounted for your own tax in most cases. Which sector did you work in please?

 

Have you had any paperwork at all from the employer about what you were paid?

 

My best, HB

 

Good evening

 

I work in construction as a painter and decorator.

 

I have no paperwork at all from the employer, but he paid me regularly with a cheque. I can easily prove it with my bank statements.

 

Thanks.

[honeybee13]

Hello again pugilist. I think it's important to know if you were employed or self-employed. Would you be able to double-check and confirm to us please? Without that, it's difficult to advise you.

 

My best, HB

[pugilist]

Hello again pugilist. I think it's important to know if you were employed or self-employed. Would you be able to double-check and confirm to us please? Without that, it's difficult to advise you.

 

My best, HB

 

Good evening honeybee13,

 

I've allready double-checked my employment status - I am self-employed. There may be no doubt about it.

[honeybee13]

Good evening honeybee13,

 

I've allready double-checked my employment status - I am self-employed. There may be no doubt about it.

 

Well in that case, as I understand it, you're responsible for your own tax and NI. Did you have a contract or written agreement with the person or firm you did the work for? I believe P60s are only for employees, which you say you weren't. Here's a link with information about being self-employed.

 

http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858808&r.l2=1073859218&r.s=tl&topicId=1086244520

 

I've never been self-employed so I don't know the system. You could talk to the HMRC helpline or the CAB.

 

My best, HB

[Bigredbus]

Good evening honeybee13,

 

I've allready double-checked my employment status - I am self-employed. There may be no doubt about it.

 

___________________________

 

Have you been put on the payroll?

[pugilist]

Dear caggers!

 

One of my friends asked me to help him with his employment problem. I told him that my friend had a similar case as his and I'll try to help him to compose A LETTER BEFORE ACTION. I'd like you guys to check if anything is wrong in the text of the letter(including English grammar and stylistic mistakes as English is not my native language).

 

Here are details of the issue(to be more precise it is an email that my friend sent to his employer not long ago):

 

"Dear

 

I'm writing this message to give you the last chance to pay your debt to me otherwise I have no other option as to bring an action against you. I remind you that I was contracted by , that is your company, to work for a third party n . I worked for 10days starting on 2nd April . My agreed rate was £10 per hour for working between 8am and 6pm and £15 per hour between 6pm and 11pm.

 

I worked 60 hours between 8am and 6pm and 47hrs between 6pm and 11pm.

 

This makes a total of 60 hours * £10 = 600.00

And 47 hours * £15 = 705.00

total £1305.00*

 

 

During the first week I was given cash in hand of £420 only.

 

When I asked you for the rest of my money I was told that the balance of £885 pounds would not be paid as the work carried out was substandard and that the customer had complained. For some reason a letter of complaint from the customer was sent to me, though I worked for you and you were always saying that the quality of my job was good . Please note that the customer had requested 5 to 7 tilers for the job , but my company employed just 2 of us to do the whole job

 

Why if the work I was doing was not good had it not been pointed out to me at any time during the 10days, and only pointed out after the job was completed and after the customer had complained? I also pointed out that I was not the only person tiling.

 

This letter is a gesture of good will, as I'm really reluctant to bring this case to court. Hope to here from you soon and hope that you will pay me the remaining balance on monday or tuesday.

 

Regards,

 

Mr XXX"

And here is a draft of the letter:

 

Mr XXX

Address

Postcode

email address

 

 

31 July 2011Letter before action

 

Dear

 

I've tried to contact you many times to let you understand that your retention of my wages is against the law, but you never changed your mind and didn't pay me the money I had earned. You stated, that the reason for the deduction was 'POOR WORKMANSHIP' only when the pay day came, although you were very happy with the level of my workmanship throughout the whole period of time I'd worked for you (10 days).

 

I remind you that such retention is construed as unlawful deduction of wages, and is contrary to The Employment Rights Act 1996, s13. Consequently, you have 14 days to pay the amount due.

 

Should you fail to do so, I will pursue a legal course of action to recover the several days' pay(£885). This will render you liable to pay further sums in respect of interests, court fees and costs.

 

 

 

Yours sincerely,

 

Mr XXX

[honeybee13]

Hello there. If the names in your post are real, I think you should edit them asap in case your friend or CAG get into trouble.

 

My best, HB

[pugilist]

Hi, Honeybee!

 

The name of the offender is real. If this fact can cause troubles to the CAG, I'll definetely remove the name.

[honeybee13]

Hello again.

 

Your post has people's names all over it and an address. If they're real, I strongly suggest you edit them out in case your friend or CAG get into trouble.

 

My best, HB

[pugilist]

Oh, the names are already removed by someone:???:

[honeybee13]

Have you got this running on 2 threads now? I'm confused.

 

My best, HB

[pugilist]

Honeybee, can you see any grammar or stylistic mistakes in my draft of the Letter Before Action?

[pugilist]

Have you got this running on 2 threads now? I'm confused.

 

My best, HB

 

That's a new case and a new thread, but not very differrent as you can see.

[cerberusalert]

Two threads merged, the post still showing names unapproved.

[RachelMD]

Dear caggers!

 

One of my friends asked me to help him with his employment problem. I told him that my friend had a similar case as his and I'll try to help him to compose A LETTER BEFORE ACTION. I'd like you guys to check if anything is wrong in the text of the letter(including English grammar and stylistic mistakes as English is not my native language).

 

Here are details of the issue(to be more precise it is an email that my friend sent to his employer not long ago):

 

And here is a draft of the letter:

 

Mr XXX

Address

Postcode

email address

 

 

31 July 2011Letter before action

 

Dear

 

I've tried to contact you many times to let you understand that your retention of my wages is against the law, but you never changed your mind and didn't pay me the money I had earned. You stated, that the reason for the deduction was 'POOR WORKMANSHIP' only when the pay day came, although you were very happy with the level of my workmanship throughout the whole period of time I'd worked for you (10 days).

 

I remind you that such retention is construed as unlawful deduction of wages, and is contrary to The Employment Rights Act 1996, s13. Consequently, you have 14 days to pay the amount due.

 

Should you fail to do so, I will pursue a legal course of action to recover the several days' pay(£885). This will render you liable to pay further sums in respect of interests, court fees and costs.

 

 

 

Yours sincerely,

 

Mr XXX

Looks spot on to me.

One tiny suggestion. Instead of, 'retention is construed as unlawful deduction of wages', I'd just put, 'retention is an unlawful deduction of wages'.

 

Remember to send it recorded delivery.