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Topic: Re:Re:Re:Unpaid wages - advice needed
Posted by: T P Howell
Date/Time: 18/12/15 10:11:00

It sounds like actual dismissal rather than constructive dismissal. I.e. he was told that there was no longer a job for him.

Whether or not there is a claim beyond unpaid wages, statutory notice period and holiday pay will depend upon whether the employee has been employed for more than two years.

If he has, then on the facts given, he will also have a claim for unfair dismissal (no proper procedure, etc). if that is the case, then he may be better off pursuing his claim through the Employment Tribunal rather than suing for an unpaid debt.

Again, this is straightforward. See https://www.gov.uk/employment-tribunals/when-you-can-claim. But the fees are higher (250 to submit a claim and another 950 to be paid before the hearing). So, he may get the award, but still not get paid (if the employer was a limited company). The risk is that he would spend another 1,200 (and quite a bit of time) for nothing. If the employer was an individual, it might be worth a go, but it is still quite a lot of money to spend.

There is a strict time limit of three months from the date of dismissal to make the claim.

As per my earlier post, the cheapest and easiest way forward would be to sue through Money Claim Online. At least then his exposure is limited to 70 Court Fee.


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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