Claiming unpaid wages from my ex-boss...

AbyssUnderground · 07-01-2009, 17:12

Hello all,

A select few people from this forum may know what I've been through over the last 12 months with regard to my ex-boss who refused to pay my outstanding wages when I resigned under unfair dismissal (being that he was not paying me in a timely or reasonable manner). I worked for 2 months without pay before finally deciding enough was enough and he'd had enough benefit of the doubt.

In April 2008, I first began with an employment tribunal, which failed because I hadn't worked for him for 12 months. Fortunately the tribunal was able to issue a negotiated contract and amount for him to pay of Â£1000 (the original amount being Â£1700). He had 2 weeks from the time of issuing to pay the Â£1000. He didn't pay, and subsequently I proceeded further.

By this time it was around August, and despite yet again more letters, there was still no progress. I decided to take it through a small claims court, all done online at www.moneyclaim.gov.uk. This cost me Â£60 to initiate, and the claim was accepted. The process took around 1 month before it got to the bailiff warrant. I went in for the bailiff warrant, which took a further month to process and cost me Â£55. Unfortunately it was another month (late November) before they went in and early December before I got a letter to say they had been un-successful because there was nothing to take.

So, despite letters, tribunal and a small claims, I still haven't got my money back. So, my query is, can I still take it to court even further to make sure this guy gets what he deserves? My Dad has said a winding up order usually makes people pay rather than close down the business they have worked so hard for, so thats the next step before going the whole hog and going to court again. Also, can I claim legal aid? I only work part time, 16 hours a week, and I was told I had a high chance of being able to.

I should also note that the tax man is also on his case for failing to pay any of my NI or TAX while I worked for him. The tax man had no record of it, yet my pay slips still said I had been paying it.

I hope there are some law-knowledgeable people on here who can give me some advice. Our local solicitors are, quite frankly, awful.

Thanks in advance to all who can help.

**Kymmy** · 07-01-2009, 17:26

Is the company limited or not??? If limited then the claim will be against the company and each director is only liable upto the value of the shares (which can be extremely low, one company I know transferred all stock/property to another company and left the original company as just a shell when an ex-director claimed against them

) if not a limited company then your claim is against the boss directly...

As far as the tax/NI the IR should take legal proceedings against him especially with your help in supplying evidence on the wage slips..But in the mean time it might be best to pay for NI stamps so that your contributions are kept up..

AbyssUnderground · 07-01-2009, 17:34

The company is Limited, and he is the only employee, so he's his own boss and obviously the director. The TAX is being investigated so its out of my hands already. The NI and TAX has been credited to my account already by IR. They phoned me up for some information and confirmed it.

piggy · 07-01-2009, 17:37

@abyss

not what you want to hear but give it up and move on, dont waste anymore time and money, just remember what goes round comes around and when you get the chance then do it, untill then move on.

AbyssUnderground · 07-01-2009, 17:39

Quote:

Originally Posted by piggy

@abyss

not what you want to hear but give it up and move on, dont waste anymore time and money, just remember what goes round comes around and when you get the chance then do it, untill then move on.

I've spent too much and fought too much to let it go now. My Dad is willing to pay to put the company out of business for the misery he has caused me. It took me 4 months to find a job after I left that one, when if he had just paid me, I wouldn't have had to leave and he'd still have his programmer/designer.

07-01-2009, 17:40

find some heavy dudes and sell the debt to them

**Kymmy** · 07-01-2009, 17:48

As it's a limited company even a winding down order won't do much... He's limited to a liability set out by the company shares (most work out at about Â£24 total) and if he did wind it up unless he owes a great deal and is banned then it's a new start for him...

Not really what you wanted to hear but as the bailiffs have already confirmed the company isn't really worth anything..

What you could do though is get him some bad publicity...perhaps let the local newspapers know....name and shame on the wages issue and especially the TAX/NI fraud..

The Hitman · 07-01-2009, 17:50

Quote:

Originally Posted by zinglebarb

find some heavy dudes and sell the debt to them

I thought you went on a diet Zing

AbyssUnderground · 07-01-2009, 17:52

Well my Dads boss does it all the time to companies they do work for and are Ltd companies, and they just pay up rather than shut down. If the company gets shut down, he can't open another company for 5 years, whether limited or not from what I have been told.

The bailiffs couldn't get anything because the "correspondence address" he gave me was obviously nothing to do with the company (residential address, his mothers house I think). If I give them his address then he likely has all of the company possessions at his house, since he has no office anymore (evicted for non-payment).

If else fails then bad publicity would be an option but I'm sure there are plenty of other legal options first.

**Maggy J** · 07-01-2009, 17:55

One month without wages from a small firm and you are given a valid reason..Ok

2 months no wages from a small firm..out of the door.No ifs or buts especially if you have no union behind you.

That way the amount you lose out on isn't anywhere as awful to contemplate.

joglynne · 07-01-2009, 18:51

Abyss now is the time to take proper legal advise.

If the Inland Revenue is involved they will have checked with other Government bodies to see what other payments are outstanding and there is a possible chance this will go to bankruptcy unless he pays all his arrears to all Government Departments.

If his company is eventually declared Bankrupt you can not take action against him to recover the money he owes you. Instead you will need to ensure that you are registered as a creditor. Check with a Solicitor to at least see if there is any point in committing any more of your money in a private case in what could be a long drawn out lost cause.

Whether it is the Ltd company that goes bankrupt or whether your ex-employer is judged to be a Negligent Director (which would mean his personal assets and debts would be included) the result will be the same as far as you are concerned. His debt to you will be one of the very last to be cleared from any money they recover. All Bankruptcy fees, Banking, Mortgages, Estate Agency, Tax/National Insurance, Vat, Rates, Car tax, in fact any money owed to any form of Government body (Central or Local) by the company, will be cleared in full before the Official Receiver considers paying the last 4 months of wages owed to current employees. You could end up with very little, if any, money back.

**Damien** · 07-01-2009, 18:52

Quote:

Originally Posted by AbyssUnderground

Well my Dads boss does it all the time to companies they do work for and are Ltd companies, and they just pay up rather than shut down. If the company gets shut down, he can't open another company for 5 years, whether limited or not from what I have been told.

The bailiffs couldn't get anything because the "correspondence address" he gave me was obviously nothing to do with the company (residential address, his mothers house I think). If I give them his address then he likely has all of the company possessions at his house, since he has no office anymore (evicted for non-payment).

If else fails then bad publicity would be an option but I'm sure there are plenty of other legal options first.

Sounds like the guy was a hack and his company does not really exist, he probably won't care about the bad publicity or much else.

AbyssUnderground · 07-01-2009, 18:56

Quote:

Originally Posted by Damien

Sounds like the guy was a hack and his company does not really exist, he probably won't care about the bad publicity or much else.

The company does exist, its on company house and is known around where I live.

My Dad said we need to talk to a solicitor but its finding one that will take it on thats proving hard. Most of our local ones are injury or medical ones only which makes it very very hard for me.

joglynne · 07-01-2009, 19:13

Quote:

Originally Posted by AbyssUnderground

The company does exist, its on company house and is known around where I live.

My Dad said we need to talk to a solicitor but its finding one that will take it on thats proving hard. Most of our local ones are injury or medical ones only which makes it very very hard for me.

Have you tried speaking to your local Citizens Advise Bureau? I would have thought they would have come across cases where ex-employers/employment issues were concerned and may be able to point you in the right direction.

If that didn't yield a local solicitor then you could have a look at the Law Society web site and see if that gives you anything to help track down a Solicitor near you who specialises in your kind of case .

WHISTLED · 07-01-2009, 19:24

I would drop it personally especially for that value, but that because im lazy and dont appreciate money haha.

I admire you for making a stand though - Its likely you will never see the mone no matter what you do, thats if he even has it to pay.

If he has a company car or van keep doing his tyres until you get your moneys worth