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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have been working for a small family run business

Resolved Question:

Hi,

I have been working for a small family run business for 25 years building race engines. For the last 2 years my boss has not been able to pay my regular salary because of lack of work. I'm struggling to pay my mortgage, credit card and utility bills. He owes me approximately £10,000, and he seems unconcerned when I confront him about it. I don't expect to be able to find alternative employment as I'm 63 years old. If I was to leave, then my chances of being paid up to date would be even less. I would like advice on what to do next.

Regards, XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Were there times when your full salary was paid in the last 2 years?

Customer:

Yes. Last march I was paid up to date. Since then it's been almost non existant.

Ben Jones :

ok, because there was a break in these 'underpayments', if you were to pursue this matter in the employment tribunal you can only go back to the last time you were paid accurately. this is because the time limit to claim is only 3 months fro the date an underpayment was made, although this includes a series of underpayments too so this 'series' will go back as far as you were last paid as per contract.

However, you are also able to pursue this in the county court and the whole 'series' issue does not apply there. You get a general time limit to claim of 6 years so you can basically claim for any failure t be paid as per contract that has occurred in the last 6 years. Any breaks in these underpayments are irrelevant. You can claim whether you are employed there or not so you can leave and still make the claim. If you keep the amount under £10,000 it will go to the small claims court which is a straightforward process and keeps the costs to a minimum

Ben Jones :

ou can make the claim online through www.moneyclaim.gov.uk

Customer:

ok. I understand. Due to my situation I'm unable at the moment to be able to afford to appoint a solicitor. Unless I can make a claim without one. I'm sure as each week goes by the amount will soon exceed £10,000. So maybe making a claim through moneyclaim.gov.uk would be the best plan.

Ben Jones :

The small claims court is specifically designed for the 'general public' so to speak - people that cannot afford solicitors so you are cetainly able to take this further without legal help

Ben Jones :

Don't just jump for court action tough, try resolving it with him first and make it clear this is where it will be heading if no resolution is reached

Customer:

I plan on having a meeting with him in the morning. I will suggest to him that I'm considering legal action. I'm hoping for a shock reaction that may help settle the dispute, otherwise I will have no choice but to take it further.

Ben Jones :

Follow it up with a formal letter to serve as a final warning

Ben Jones :

then proceed as necessary

Customer:

Yes I will do that. Thanks for your advice Ben.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best

Customer:

I will. Thankyou.

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