Topic: | Re:Re:Unpaid wages - advice needed | |
Posted by: | T P Howell | |
Date/Time: | 17/12/15 23:11:00 |
1 Look at his old wage slip (if he has one). See the name and address of the employer; 2 If it is a limited company look at Companies House for details of the director, and also the last accounts (this is free) https://beta.companieshouse.gov.uk/. You will also be able to see if the company has been put into liquidation (probably not if the owner simply phoenixes companies - he probably just lets them get struck off by not filing the accounts). 3 Sue via the Money Claims Online. Make sure that you get the name and address of the employer right: i.e. make sure you sue the right person / company (Companies House will show the address if it is a limited company). https://www.moneyclaim.gov.uk/web/mcol/welcome This is very easy to follow. The claim will be "For unpaid wages of £xxx for the period xxx to xxx". 4 An employer is required to give a minimum of one week's notice, and then one week for each additional full year of employment (i.e. 2 full years = 2 weeks' notice), so add the additional week(s) wages to the claim (and holiday pay? Statutory minimum = 28 days a year (including public holidays - which will accrue pro rata). The court fee is £70 for claims between £1,000 and £1,500. Follow the process. He may be able to get default judgment (if no acknowledgement of service is filed, or no defence is filed). Otherwise he will have to pursue the claim through the process (which is not too difficult). The problem is that even if he gets judgement, he will still have to enforce. But if the debtor is an individual often they pay sooner or later to clear their credit record. If it is a company, then unfortunately the owner sounds like the kind of character who will just let the company be struck off by not filing accounts (etc). Hope that is helpful. I am afraid that a solicitor will not be interested, because no costs are recoverable for small claims. The legal fees would be more than the claim. For the future, your friend should join a union. A union would pursue it. He could try joining Unite now, but it might be a bit after the event, so I do not know if they would take it up. |