Jump to content


  • Tweets

  • Posts

    • and another one   MP Mark Menzies loses Tory whip as party investigates claims he misused funds The Fylde MP is alleged to have used campaign funds to pay off ‘bad people’ and cover medical expenses Never mind losing whip - how about criminal charges   MP Mark Menzies loses Tory whip as party investigates claims he misused funds WWW.INDEPENDENT.CO.UK The Fylde MP is alleged to have used campaign funds to pay off ‘bad people’ and cover medical expenses According to the The Times, £14,000 given by donors for use on Tory campaign activities was transferred to Mr Menzies’ personal bank accounts and used for private medical expenses. The MP, who is one of Rishi Sunak’s trade envoys, is also said to have called his 78-year-old former campaign manager at 3.15am one day in December, claiming he was locked in a flat and needed £5,000 as a matter of “life and death”. The sum, which rose to £6,500, was eventually paid by his office manager from her personal bank account and subsequently reimbursed from funds raised from donors   "According to a source close to Mr Menzies, the MP had met a man on an online dating website and gone to the man’s flat, before subsequently going with another man to a second address where he continued drinking. He was sick at one point and several people at the address demanded £5,000, claiming it was for cleaning up and other expenses."    
    • He asked for that one, didn't he?
    • Trump was unable to make it through the first day of court without falling asleep on Monday, which sparked a whole host of jokes, memes and even a new nickname, 'Dozy Don'    
    • The shift to card and contactless technology in the past decade has been rapid - not just in Britain, but in all sorts of remote pockets of the world. This is yet a further sign of it.View the full article
    • We both sent our completed N181 form to the court and claimants solicitors. We haven't received anything from the solicitors yet but perhaps we will today. How are directions agreed ? Does the claimant file proposed directions with their Directions Questionnaire ? I will update once anything is received from the solicitors.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Employer Not Paying Wages


Recommended Posts

Over the last few months my daughter's employer has been paying all staff late and her monthly wage late in fact 2 months behind and due to this happening and the stress, she has been forced to leave the company and started a new job which is way forward, her old employer has still not paid my wages and its been 9 weeks and the amount is over £4000.00 and they are now not giving any information when this will be paid. Over recent months due to have no wages she has had to live on my credit cards which are all at maximum and we have been supporting her paying her mortgage and bills which is now crippling every month.    

I need advice in how to resolve this major issue quickly and to bring closure 

 

Link to post
Share on other sites

The company is Advanced Oncotherapy and employed there for 3 years and left on 9th June, and had no wages for 9 weeks. And no information when wages & outstanding holiday will be paid, staff still employed are in the same situation as well. 

 

Link to post
Share on other sites

Never been an issue until December 2022 and since then late payment of wages and now no information nor any payment of outstanding wages. Totally agree the directors getting paid and not paying the staff. 

 

Link to post
Share on other sites

  • 1 month later...

Well been stressful few weeks, we contacted ACAS and they accept the complaint and ACAS started action using the early consolation and ACAS confirmed they are speaking to the Employer but getting nowhere in fact every call was no staff to deal with this matter at this time. However last night ACAS ended the early consolation stating the employer has now refused to deal with this matter and they have issued a certificate and stated my daughter now has 1 month less 1 day to make a claim for constructive dismissal. 

With regard to outstanding wages which currently is £4,775.50 this has not been paid nor any information when it will be paid, the company have issued May & June pay slips again no payment. We have started to input using the MoneyClaim Online and looking at filing against the company & the CEO / director as well as person.  

Our Plan 

1, Issued both the company & the CEO letter before action giving 14 days notice ( Just need to find draft copy ) 

2, On day 15 if payment not made to my daughter submit the paperwork to the court via MoneyClaim Online - To both company & CEO / Director who are registered at the same address (Company House confirms the company is still active)

3, Once court papers submitted online issue both parties the particulars of claim ( Our Evidence May, June payslips & letter from company referring to non-payment of wages to all staff also letter stating all staff will receive one-week wage to cover any charge s incurred with no payments made to my daughter.    

Question - The company are based to London City, can we ask any hearing be held in our local County Court as cannot see on the paperwork where any hearing will be held. 

Any feedback will be much appreciated 

Link to post
Share on other sites

We have given detailed list of outstanding money requesting payment and sent the email with delivery & read receipts. Personally don`t think they will pay and we will submit claim online Monday, spoken to ACAS this morning and they have said my daughter has good case of constructive dismissal and she should file this through to the Employment Tribunal using a solicitor so we now are looking into this as well, as we only have short window t file and been quoted 1 month less 1 day from ACAS .  Currently due to this my daughter is now in debt for £6k and very stressed and upset. 

Link to post
Share on other sites

I have submitted the Employment Tribunal which was very simple to complete, question regarding the court action do we send to the companies registered office as per companies house as they also have another office in London as well. we have sent email today and got delivery & read receipts coming they have been opened.   

Link to post
Share on other sites

  • 2 months later...

Well its October and 6 months and still have not paid the outstanding wages, we have completed the ACAS route and they have issued certificate, we have passed everything to the employment tribunal and they have sent letter of claim and given a date on 16th Jan 2024. The employer has sent letter only to staff still employed stating they are aware ex staff have sent claims to London & Manchester and requested all claim be heard at the same time ?????? 

They have said their is still no date when funds will be released, very frustrating they still are not send any information to staff if they have left the business. 

We have set information we have to send to the tribunal which we will complete as per the dates.   

 

Link to post
Share on other sites

  • 1 month later...

Well still no payment from the company, we have submitted claim to the Employment Tribunal along with 48 other claimants and the court have confirmed they are all the same so joined together and heard as group, the court have sent all the details to the company as well. 

We had text message from the company saying in simple terms, they will agree to making payments for outstanding wages only and will not agree to payments relating to pensions nor any compensation as they have been informed the Employment court is not enforceable. Hoping the employment court will acknowledge the claim / judgement. 

 

 

  • Like 1
  • Thanks 1
Link to post
Share on other sites

Email from the Employer today and ET3 form sent to the Employment Tribunal they are admitting they have not paid staff and listed wages outstanding.

I write in response to the letter from the Employment Tribunal dated 14 November 2023, a copy of which is attached for convenience.

 In that letter, the Tribunal explained that:

 1.       the Claims would be heard together;

2.       the files would be referred for consideration by a Judge once the Respondent had had the opportunity to submit a response to each of the Claims (the Responses);

3.       a copy of the claim forms and the service papers in respect of the Claims would be copied to the Respondent; and

4.       if the Respondent sought to oppose the claims, it should submit draft Responses accompanied by an application for an extension of time explaining why the Responses were not served within the time period originally given.    

 Following this letter, the claim forms and service papers in respect of the Claims were sent to the Respondent on 14 November 2023 save for those for ***********  and Mr ********* which were sent on 28 November 2023.

In accordance with the instructions of the Tribunal, I attach to this letter draft Responses to the Claims.  For the avoidance of doubt, there are 24 draft Responses, relating to the following claims:-

Full list of Claimants 

The reason that Responses to the Claims were not served within the time period originally given is that the Respondent did not receive them, and only saw the claims when we received the Tribunal’s email of 14 November 2023. In the email of 14 November 2023, it was explained that proceedings were served at the Respondent’s registered office (*******************). The registered office is visited once per week but no post from the Tribunal has been found. The Respondent has been served with related proceedings by the London Central Tribunal but these were sent to the address at ( *************), and these were received safely and responses served in time.   

 Accordingly, I would be grateful if the Tribunal could treat this letter as the Respondent’s application for an extension of time for presentation of the Responses to the Claims of 28 days from the date on which the Respondent received the majority of claim forms in respect of the Claims (i.e. 14 November 2023), in accordance with Rule 20(1) of the Employment Tribunals Rules of Procedure 2013 (the Tribunal Rules). 

 This application is in accordance with the Overriding Objective for the following reasons:

 1.       Allowing the Respondent to submit the Responses will allow the Tribunal to determine the cases fairly and justly, with accurate information about the sums alleged to be owed and allowing the parties to be on an equal footing.

 2.       The failure to file the Responses in time was due to the Claims not having been received, for reasons beyond the Respondent’s control (and it has responded to all other related claims that it has received by the required deadline).

 3.       The Respondent would be prejudiced if it were unable to contest these claims, particularly in circumstances where some of the Claimants are claiming sums to which they are not entitled via a claim in the Employment Tribunal.

 4.       The Respondent has prepared draft Responses to 24 claims, as soon as reasonably practicable, to minimise further delay.

 5.       I do not anticipate that there would be any prejudice to the Claimants in the Tribunal granting an extension of time to the Respondent to file the Responses. The Respondent, on the other hand, would suffer significant prejudice if it were not allowed to present the Responses and to have the opportunity to contest some of the amounts claimed.

 I confirm that I have complied with Rule 30(2) of the Tribunal Rules and have copied this letter to the Claimants in the Claims, who should notify the Employment Tribunal of any objections within seven days of receipt of this letter.

Link to post
Share on other sites

  • 2 weeks later...

Email from the Employment Court today, so reading the email the court are saying outstanding wages must be paid but no mention of compensation, so employer can stop paying staff wages so staff have to find new employment and staff do not get compensation this be classed as constructive dismal ?   

 

Dear Sir/Madam,

This email has been blind copied to the claimants.

Regional Employment Judge ****** has directed that we write to the claimants about the letter from the respondent asking for an extension of time, and the proposed response form in each claimants’ case which will become effective if time is extended by the Tribunal. These were sent to the claimants by the respondent on 30 November 2023. The Regional Employment Judge directs that any further objections to the application to extend time for the responses must be provided by 5 January 2024.

The claimants should note that the Tribunal has no jurisdiction to make an award in respect of payments that should have been made to the pension scheme, because that is a matter for the Pensions Regulator, and claimants who are still in employment cannot claim notice pay.   As for outstanding wages and holiday pay, will the claimants please confirm whether you accept the amounts which the respondent proposes to admit, and if you do not accept them please explain why that is and the amount you are claiming.  Tribunals awards for arrears of pay/holiday pay are made in gross terms so that the employer can deduct tax and national insurance when the payment is made.  Please reply by 5 January 2023.

Link to post
Share on other sites

  • 2 months later...

Well today todays hearing at 10am the court confirmed the claimants all 25 can be heard a group as it relates to the same issue we all submitted in total over 4000 pages of evidence and the company didn`t even attend court today and was no show. 

 

  • Like 1
Link to post
Share on other sites

We have checked and they are still trading and this company actually makes and installs Cancer equipment in hospitals and private hospitals. As soon as we have the court papers from today we will go to high court enforcement and try to get the funds ASAP, i have spoken to the High court enforcement in Liverpool and they said they can visit once we have correct papers and completed N471 form. 

  • Like 1
Link to post
Share on other sites

  • 4 weeks later...

Well hearing completed the employer didn't attend court, the judge ruled all 25 former employees granted judgement for outstanding wages and compensation will be heard at later date to give the employer timecto give there evidence. 

However the employer did send statement stating they accept the courts ruling but have no funds to make payments. 

We are now looking to instruct bailiffs to visit both there London office with a view to getting the outstanding amount as per the judgement. We have spoken to DCBL collections to try to collect finds and they have quote £71.00 to arrange to high court papers.

Has to be worth a try just don't want to give up

 

 

Link to post
Share on other sites

Just hope High Court enforcement officer can get the funds, reading court judgments they range from £5k and some £65k so we need to act quickly. 

Link to post
Share on other sites

Spoke to the company dcbl and they have confirmed the fee of £71.00 covers the court fee, also they attend 3 times to try to collect the funds and if unsuccessful we have to pay charge of £75.00. Looks like dcbl is the best option to try to resolve this issue and collect the outstanding wages.   

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...