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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.


Entire Thread
TopicDate PostedPosted By
Unpaid wages - advice needed17/12/15 14:19:00 Elizabeth Ross
   Re:Unpaid wages - advice needed17/12/15 14:22:00 Alison Neary
   Re:Unpaid wages - advice needed17/12/15 14:23:00 Richard Greenhough
      Re:Re:Unpaid wages - advice needed17/12/15 14:25:00 Elizabeth Ross
         Re:Re:Re:Unpaid wages - advice needed17/12/15 14:26:00 Richard Greenhough
            Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 14:35:00 Elizabeth Ross
               Re:Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 14:44:00 Guy Lambert
         Re:Re:Re:Unpaid wages - advice needed17/12/15 18:25:00 Loraine Pemberton
   Re:Unpaid wages - advice needed17/12/15 14:38:00 Carl Wynne
      Re:Re:Unpaid wages - advice needed17/12/15 14:43:00 Elizabeth Ross
         Re:Re:Re:Unpaid wages - advice needed17/12/15 14:49:00 Nick Jenkins
            Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 15:00:00 Carl Wynne
               Re:Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 15:03:00 Richard Greenhough
         Re:Re:Re:Unpaid wages - advice needed17/12/15 14:50:00 Andy Pease
            Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 14:58:00 Alison Neary
               Re:Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 16:09:00 Francis Rowe
                  Re:Re:Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 16:16:00 Alison Neary
                     Re:Re:Re:Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 18:14:00 Carl Wynne
            Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 15:05:00 Francis Rowe
               Re:Re:Re:Re:Re:Unpaid wages - advice needed17/12/15 15:21:00 Alison Neary
               Re:Unpaid wages - advice needed17/12/15 15:28:00 Phil Kay
                  Re:Re:Unpaid wages - advice needed17/12/15 18:18:00 Elizabeth Ross
                     Re:Re:Re:Unpaid wages - advice needed17/12/15 18:21:00 Carl Wynne
                     Re:Re:Re:Unpaid wages - advice needed17/12/15 23:15:00 T P Howell
   Re:Unpaid wages - advice needed17/12/15 22:40:00 Robin Cox
      Re:Re:Unpaid wages - advice needed17/12/15 22:59:00 Micki Hawkes
      Re:Re:Unpaid wages - advice needed17/12/15 23:11:00 T P Howell
         Re:Re:Re:Unpaid wages - advice needed17/12/15 23:35:00 Julian Pavey
            Re:Re:Re:Re:Unpaid wages - advice needed18/12/15 04:33:00 Georgina Flint
         Re:Re:Re:Unpaid wages - advice needed18/12/15 10:16:00 Alison Neary
   Re:Unpaid wages - advice needed18/12/15 00:15:00 Georgina Flint
   Re:Unpaid wages - advice needed18/12/15 00:28:00 Elle Jones
      Re:Re:Unpaid wages - advice needed18/12/15 01:06:00 Georgina Flint
         Re:Re:Re:Unpaid wages - advice needed18/12/15 10:11:00 T P Howell
            Re:Re:Re:Re:Unpaid wages - advice needed18/12/15 18:33:00 Peter Evans
               Re:Re:Re:Re:Re:Unpaid wages - advice needed18/12/15 19:53:00 Elizabeth Ross
                  Re:Re:Re:Re:Re:Re:Unpaid wages - advice needed19/12/15 17:54:00 Philippa Bond

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