companies house

[uko987]

my now ex employer has registered thier company with companys house but using a false name, they have used the correct surename but not the correct christian name, i believe they have used thier middle name. Is this legal?

I am also owed around £1200 pounds in wages which has failed to turn up and ive never recieved a wage slip from them, everything was done in cash(i worked there for two months) i have also been told they they have NOT paid income tax or national insurance for me. Any suggestions would be grateful. I know the small claims court would be useless because they would go to ground for a while and they have no assests, they have done this before with other companies they have had.

They are is also adertising themselves as a niceic registered eletrician & part p registered electrician , but i know that he is not any of these. Again any suggestions about what i could do about this aswell.

I want to stop this cowboy from operating if possible.

Thanks for looking and a happy new year to you all.

[honeybee13]

Hello, so sorry to hear about your problems. I'm sure someone will know the ins and outs about registration with Companies House, but I can't imagine they'd be happy. Have you had a look at their website at all?

 

I think Trading Standards would be very interested in what they're up to, but you may need to time shopping them so it doesn't affect you getting your money. Nothing to stop you having an anonymous chat though .

 

My best, HB

[uko987]

ive had a look at companies house website but nothing there to say if its legal or not? thanks

[honeybee13]

Also, if they're claiming to be neicic [probably spelled that wrong, sorry] registered, you should tell that organisation too. People rely on having tradesmen who are reputable, so I think niceic would be horrified.

 

HB

[Roblynmouth]

Hi

i don't know about tradesmen but Trading standards have powers they can use agaisnt traders

Wages, you are enttled to wages earn't as well as a wageslip and a contract and terms and conditions

If he wont pay you will need to walk, however before you do make sure you have his correct name and address as he is likley to close down if things get heavey. That way if you take him to an ET for breach of contract the claim can be filed with him and not the redundant company

[uko987]

they are on niceics wall of shame as a false advertiser. But i would like to know if there is anything i could do?

[honeybee13]

I don't know about niceic if they've already shamed the people, maybe someone else does. Have they been reported to the Advertising Standards Agency? And I would definitely go for Trading Standards, as I said.

[uko987]

thanks i will

[honeybee13]

I would be interested to know if an ET is the only option, or if this would be eligible for a small claims or county court case and if that would be appropriate. Someone with more knowledge than me will know.

 

My best, HB

Edited December 30, 2010 by honeybee13
Additions.

[Sidewinder]

Sadly if tax and national insurance have not been paid on your behalf, it is entirely possible that you could be deemed a self self-employed contractor, unless you have some proof of employee status. If that were to be the case, then a Tribunal is a non-starter, so the County Court would be your only possible means of redress.

 

This is an absolute must for Trading Standards, and NICEIC should also be pushing for a prosecution - although this rarely happens, it is not unheard of, particularly if there are safety concerns with any of the work carried out. See HERE for details where action was taken, and the possible punishment can include imprisonment.

[Russe11]

to the OP, where do you live?

[uko987]

please dont be offended, but is my location relivant?

[uko987]

i was a paye employee, they had taken tax and national insurance off me but ive not got a wage slip, im also registered with the tax office as being and employee of the company

[postggj]

ime a bit at a loss

 

so you have been paid in cash with no wage slips (that is a legal requirement)

 

no contract of employment (implied or otherwise)

 

how do you confirm tax and ni has been paid if no wage slip

 

may i ask your occupation

[uko987]

yes i was paid in cash for the first month with no wage slip and they still owe me £1200 in outstanding wages, ive not had a contract of employment, ive contacted the tax office and they confirmed that the company have NOT paid any tax and ni for me to date.

 

im a plumber

[Russe11]

If I know who your employer was then I could advise differently.

 

TAX and NI is not your responcibility unless you are classed as selfemployed(sounds very much like you were)

 

If you was subcontracted by a company that no longer exsists then you stand little chance of getting your money.

 

If you are owed by a company still running then you need to find out what was your employment status, then raise a grievence or send a letter before court action accordingly.

 

When it comes to trades and building, the old school methods are usually the fastest and effective methods.

[honeybee13]

Hello again. You can check your employment status on directgov, here's a link.

 

My best, HB

 

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Workersemployeesandselfemployment/DG_10027916

Edited January 2, 2011 by honeybee13
Missing word