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. |