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Son's employer refusing to pay final salary


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Hi,

 

I'm happy to write an essay full of details, but I'll keep it simple first as it may be fruitless.....

 

My son's boss owes him around £1600. Boss said he would calculate what he owes my son, but that was many weeks ago and I'm unable to get a response from the Boss now. I have text messages from my son's boss to this effect so I have evidence that a salary is owed - but - there is no contract. The boss was my sons aunties boyfriend until recently, so it was all a bit 'keeping it in the family'.

 

Would a lack of contract rule this pursuit as fruitless, or are the text messages enough to go hunting?

 

Many thanks!

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Letter before action and then if not paid, your Son can issue a County Court action.

 

If you click on letter before action it is post #1 of that thread that contain the information required.

 

Was the employer a sole trader ? Was it a limited company ?   Need to make sure the person responsible for paying the wages is sent the letter and issued the Court claim.

 

 

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Hi, thanks for your quick reply. Good to hear it should hopefully be a worthwhile pursuit.

 

Now for the extra info:

 

This is the company:

https://www.facebook.com/JPartificialgrassandlandscapes/

https://www.bark.com/en/gb/company/jp-artificial-grass--landscapes/DQqRP/

https://find-and-update.company-information.service.gov.uk/company/13477487

 

It's a registered Ltd company, the only director is my sons cousin (not his auntie - sorry). Before I pursue this, should I make sure said cousin has removed herself as a director - so she isn't tied up in any mess - or is it somehow to my advantage that she is a director? The company was created in June just after he stopped working for them.

 

I don't know where the boss lives, neither does the cousin. Maybe I can find out - I have a name, email address and mobile number. I think serving papers should be ok.... he doesn't know me so getting him to go to an address for a "quote" won't be a problem (if that's how it works when you don't have a defendants address).

 

Many thanks

Edited by kp278
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Sounds like a new company was formed, after your Son worked for the people  concerned. This could be an issue as it may be difficult to enforce a CCJ against a company that no longer exists. I.e. they may not hold any assets.

 

If your Son worked for a sole trade e.g. Mr Fred Bloggs, it would be easier, as that person would be responsible for paying the amount he agreed to pay your Son.

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I think it was/is a fairly unprofessional outfit, so every chance he was a sole trader before registering a company, if he even declared himself as self-employed.

 

In the text messages he suggested my son was also self employed and that he as a boss didn’t have to pay pension or holidays. 
 

It did cross my mind that if that was the case, maybe my son should just invoice him?

 

(My son was a 17 year old labourer in his first job since leaving college so he would have been quite naive about the whole situation.)

 

 

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