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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44961
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Me previous employer owes me over £5000. I quit my last job

Customer Question

Me previous employer owes me over £5000. I quit my last job in March 2010 because my employer was not paying me. I understand his business was in loss but this will not change the fact that I worked long hours for him and never get paid.

He initially said he will pay me when he has money but never did. Because I was not getting paid, I at that had no other choice but to quit job.

I paid other staff members from my pocket and paid some bills as well as per the instructions of Accountants. I know one of the Director in Accounts personally and he is the friend of my previous employer. The employer very rarely used to come in office and hardly answered any phone calls. His claim was that he don't have money and therefore he don't answer our calls.

The Accountants almost every week used to come in office to check Cash book and were fully aware of my outstanding wages.

The Accounts Director was my referee when I started this job. My ex employer was offended when I resigned and said that I need to get in touch with Accounts Director who referred me for this job.

After early days of quitting job, Accountants advised me that they will ask employer to pay my outstanding wages plus the money for they bills they advised me to pay for but reminded me that this may take a while as my employer was struggling with fund.

They didn't do anything for couple of months but kept saying that this will be recovered and that I should give employer bit more time.

I was unemployed for 6 months after quitting that job and was struggling with funds. Several reminders were sent to Accounts office but no luck. After an year or so, I was told by Accountants that I need to have a word with Employer myself. I called employer and he was very abusive and told me not to phone him again.

I spoke to Accountants and advised them what he said. I asked them to give me in writing that how much company awed me as I want to file a suit against him.
Because the Accountant is a personal friend of Employer, he refused to give me anything in writing but advised me to calm down and he will speak to employer and his son himself. Also he mentioned that in their books all the wages have been paid to me and nothing outstanding as per MY P45. He advise if he give me that letter then their Accounts firm will be in trouble. I had to leave this option as I have personal terms with Accountants.

Nothing happened for another few months and when I chased Accountants again, he asked me to send him my bank statements so he can show this to employer.

I emailed him all details of payments and gave him my bank statements in person. I was told he will now get this sorted with employer.

I chased again Accountants few days after and was told they will speak to employer and that he is very hard to get hold of.

I told them I still have intentions to seek legal help if I wont get paid. I was told that I cant file a suit because as per law, one can only file suit within 3 months after the last wage is due. I was advised to calm down and wait this to be settled.

Its been over 3 years now. The employer's business has been taken over by Accountants and I have been told that my money is not recoverable.

** My question is whether I can file a suit against me previous employer after 3 years.
** If yes, Can I claim for the further 6 months salary from him when I was jobless.
** whether I can claim for further compensation (like, delaying payments and giving me all this pain and hassle... I seriously cannot sleep at nights sometimes when his dirty face comes in my head).

** I have summery of outstanding wages and for the payments made.
** This can be verified with the office cash book and Accountants.
** I am sure if I file suit against employer, my ex colleagues will come forward to record their views in my favour. Two other colleagues of mine left as wee because they were not getting paid on time but luckily they have nothing outstanding.

Please advise me in detail if I am eligible to file suit against my ex employer.

I look forward to your professional opinion.

Many Thanks

S.S
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. For now please let me know how long you worked there.

JACUSTOMER-yo16nfwd- : Hi Ben, i worked for nearly 3 years and 5 months.
Ben Jones :

Whilst it is true that there is a time limit of 3 months to make a claim for unpaid wages, this only applies if you were claiming in the employment tribunal. However, that is not the only option available to you and you can also pursue this via the small claims court, where the time limit to claim is 6 years. So you are still in time to make a claim if you wanted to and can make it quite easily online by going to www.moneyclaim.gov.uk.

I must advice that you are unlikely to be able to claim for anything apart from the money that you are actually owed. So compensation for anxiety, stress, inconvenience, etc resulting from all of this will not be available unfortunately - just the money you are actually owed plus any interest on top.

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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