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POC - Unpaid Wages (NMW)


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Good Afternoon,

 

I'm beginning a small claims court claim against my former employer, for money due to me in unpaid wages.

 

Rough situation is that during the time I was employed, my hourly rate was NMW, however I was required to work for 9 hours each day and only paid for 8.5 hours.

 

As the wages received did not amount to the NMW for the hours worked, I reported the matter to HMRC. They have provided me with a determination of money due, which amounts to approximately £350, however they are no pursuing enforcement action.

 

As my employer was a franchised store, it is my intention to list both his operating company, him personally and also the franshisor as defendants to the claim.

 

Would anybody be able to help me with the wording of the POC, please?

 

Many thanks :)

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Has your employer acknowledged wrongdoing? Have you sent any form of Letter Before Claim outlining what you are owed and putting the employer on notice that legal action to recover the amount due will follow?

 

If taking action in the County Court via MCOL the claim will need to be based on the breach of contract - ie the failure to pay the hourly rate agreed by contract, (rather than a S13 ERA Deduction claim that would be made through an Employment Tribunal) so as a starting point you will need to make sure that the contract clearly sets out the rate of pay and the hours to be worked plus any other evidence that will prove that you were 'required' to work for more hours than you were paid for.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi,

 

Thanks for your reply.

 

The former employer has refused to respond to any communication.

 

Unfortunately the time limits for any ET claim have passed, due to the length of time the HMRC investigation took (and the fact I had to refrain from bringing any action directly during the investigation).

 

All parties have been sent a LBA outlining my intention to bring legal action if the sum owed was not paid. The 14 days have elapsed.

 

 

There was no written contract of employment at any stage, despite repeated requests for one. However I have written documents from HMRC which confirm the sum is due, and how it has been arrived at etc. In the letters, HMRC confirm that they have viewed records which confirm the required hours of work (clocking in book) along with payroll records which show the correct, required wages were not paid. They provide a week-by-week breakdown of the amounts owed during the course of the employment.

 

Cheers,

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Good Afternoon,

 

I'm beginning a small claims court claim against my former employer, for money due to me in unpaid wages.

 

Rough situation is that during the time I was employed, my hourly rate was NMW, however I was required to work for 9 hours each day and only paid for 8.5 hours.

 

As the wages received did not amount to the NMW for the hours worked, I reported the matter to HMRC. They have provided me with a determination of money due, which amounts to approximately £350, however they are no pursuing enforcement action.

 

As my employer was a franchised store, it is my intention to list both his operating company, him personally and also the franshisor as defendants to the claim.

 

Would anybody be able to help me with the wording of the POC, please?

 

Many thanks :)

 

 

Hi, silly question but was the 30 mins a day you weren't paid for not your lunch break?

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Not a silly question at all, but alas no.

 

We were required to be at work from 8.30 am until 5.30pm, a total of 9 hours. There was a 30 mins unpaid lunch break, leaving a total working time of 8.5 hours each day, however wages were only paid for 8 hours.

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Joining the franchisor is irrelevant - they did not employ you. When they defend the action as they rightly should, you could be held liable for their costs, as they had no part in your employment.

 

Your employment was with the franchisee (whether Ltd or Sole Trader) - check the contract. If a Ltd company, you cannot hold the employer as an individual liable.

 

Be vary of any costs that may diminish the monies you are rightly due.

 

N

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Joining the franchisor is irrelevant - they did not employ you. When they defend the action as they rightly should, you could be held liable for their costs, as they had no part in your employment.

 

Your employment was with the franchisee (whether Ltd or Sole Trader) - check the contract. If a Ltd company, you cannot hold the employer as an individual liable.

 

Be vary of any costs that may diminish the monies you are rightly due.

 

N

 

There was never any written contract of employment.

 

In fact, I was completely unaware of any Franchise situation until after my employment had ended. So far as I was aware I was employed by a branch of a large national retailer, as this is how it was always portrayed to me by the store manager and other staff.

 

I carried out work for this large national brand in good faith, not expecting to be ripped off.

 

I now understand that the store I worked in had now ceased trading, however the franchisees limited company remains active.

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