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Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Employment Law
Satisfied Customers: 8535
Experience:  I have been practising for 30 years.
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Employment law
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Sept/Oct last year I was unemployed, and struggling to find work (I was a specilaist in a niche area). An aquaintance asked me to learn new skills with a view to starting work for him in January. I accepted. We agreed a salary. I started in January. End of jan - No salary paid. I Constantly chased him for my salary payments which he was doing "in cash" as a dividend?. I let him know I objected to this as there was no Tax or NI paid. He confirmed I was NOT a director of the business. He decided in Early may this year to stop the project I had been working on, effectively dispensing with my services. He still owes me 8 weeks wages. I constantly chased him, in writing, for payment but he constantly lies or comes up with excuses not to pay. He now tries to say I'm a partner. I decided to got to money online to recover my wages.
Q1: Am I an employee under eyes of the law?
Q2: I actioned on the bases that he failed to issue a wage slip or job particulars in connection with my role. Is there any other infringement? As he doen't want to go to CCJ mediation...
Submitted: 4 months ago.
Category: Employment Law
Expert:  F E Smith replied 4 months ago.

It doesn’t matter whether you are an employee or a contractor.

He owes you money and he has not paid.

The difference between being employed or a contractor’s is that if you are employed, you have the alternative of taking him to an employment tribunal to recover your money as well as the Small Claims Court.

My suggestion would be to just issue small claims court proceedings if you have not done already using the online system www.moneyclaim.gov.uk

if you are a director, then you will be down as a director at companies house but regardless, you are still entitled to be paid in accordance with whatever was agreed.

Just bear in mind that it could take several months and perhaps even up to a year before this gets to court.

Can I clarify anything else for you?

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