Problems with last employer

[GizzyUK]

Hi Everyone,

 

Last September I began working full-time for a company that I previously sub-contracted for. A wage was agreed and and additional payment agreed for using my own van.

 

In March they were very quiet and the asked me if I would consider going back to being a sub-contractor for them to reduce the wage bill. I agreed and everything was amicable.

 

At the beginning of April I didn't get paid for the work in March which was approx 16 days, I email them and also pointed out that they were due to also pay £768 in expenses for Jan and Feb. They then paid me for the 16 days work, but took off £500 for being ill at the beginning of March (4 days off).

 

I emailed there accountant / payroll person and asked for my P45 and P60, she replied that they never put me on payroll and they had been paying my wages gross, saying that I never gave them the details to be on payroll - but they never asked me!

 

I had a heated phone call with the project manager as I couldn't get through to the boss and now they are accusing me of threatening behaviour.

 

Going back through all the payments they have made to me I have calculated that they never paid the expenses for the use of my van, so I sent them an demand for payment of van expenses and expenses due for Jan and Feb. They have refused to pay citing my phone call as a reason not to pay.

 

I have been really stressed about this as the amount owed is just over £2k

 

I have copies of my bank statements that clearly show Salary on all payments made by them and I'm even on there website as part of the company!

 

Any advice would be greatly appreciated. I'm speaking to citizens advice today about it.

 

Cheers

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about your problems.

 

I hope the forum guys will be along later with advice for you.

 

My best, HB

[Emmzzi]

I think they are out of money and you may be chasing an empty bank account.

 

Have you tried submitting an invoice for all amounts owed and following it up a week later making it clear small claims court is the next stop?

[GizzyUK]

I think they are out of money and you may be chasing an empty bank account.

 

Have you tried submitting an invoice for all amounts owed and following it up a week later making it clear small claims court is the next stop?

 

They are still trading and doing business, they are renowned for late payment and having people chase them for money.

 

I sent them an invoice detailing all amounts last week and have heard nothing. I will follow it up with a recorded letter and see what happens.

 

I will also have to get in touch with HMRC as they haven't paid any tax or NI. Even without a written contract of employment, I believe there is no way they can claim I wasn't an employee.

 

Thanks for any advice.

[steampowered]

Sue them in small claims court through money claim online. You might as well get this moving to be honest, given the company's history personally I wouldn't even bother with a letter before action. It doesn't sound like the company will be paying you any time soon unless you make them.