I was due to be paid at the end of May. I joined beginning of May. so in fact I have never reserved a wage from them since I joined up until now
There is no reply to my followup below Ben. I have given you quite a lot of info, I am not sure why you have not given me a more detailed response
Thanks Ben. Please do confer with your colleagues. I am online awaiting your expert insight on this matter
So in this case,
1) it appears that the employer absolutely knew that I had until the end of August to set up an employment tribunal. That being the case, the periods of silence can be taken as some strategic/constructive delay (or whatever the legal word is for that)?
2) If i go down the country court claim,
will he/they be liable for any legal expenses incurred if I win, as I probably will based on your advice - (notwithstanding the opening disclaimer on guidance etc)?
3) Can I sue them for damages too, or is this something that the court will take into account anyway given the conniving manner in which this has been dealt with; the time period lapsed, interest lost of earned money - accrued to them etc.?
4) I have not been sent any paperwork to date by this employer other than my official contract prior to my start date on the 4th May. Surely I should have been sent a P45 etc - none of which has been sent to me?
On reflection, I was due to be paid in the June payroll since I worked up until the end of May. So I can still pursue the Tribunal route probably.
My understanding is that when a new employee is hired by a company, that firm needs to essentially set you up with National Insurance against your payroll so that when the first salary comes along - your salary and NI have a corresponding tax code generated etc. I am not sure if there is cost/tax associated to this process of hiring, so forgive my conjecture - but could the company be constructively trying to avoid any such related expense/costs?
On point number 2. in your answer - do you have a ballpark or guesstimate in your experience on the sort of fees I am likely to incur should I go to a tribunal / country court? (I mentioned tribunal because in fact I was due to be paid in the June payroll - meaning I still qualify for tribunal option if I register tomorrow. Do you have a link for that?
In terms of damages, not to be overly-litigious, but this has been a very taxing exchange and much energy and stress has been generated to come to this point. I suppose part of my point is to ask you if there are other considerations at this juncture that I aught to consider seriously which might be in my advantage to know of, in your experience.
Please reply as thoroughly as you can so that we can hopefully part ways at that point.
Many thanks for your advice this far already.
a final question Ben,
Thank you btw for your patience. Your answer already had been highly elucidating. I can certainly see why everyone needs a good lawyer in their life!!
So, today (A) sent me an email basically saying I am harassing him by chasing my money. He is a very slippery character as you might be starting to gather and a lot of what he does is highly premeditated.
He sent me a link about harrassment trying to essentially make me go away - but in truth, beyond telling him how upset I am about all of this and numerous letters following up his last email which detailed his acknowledged amount owed to me written by his own hand (on email in print), I am surely entitled to have chased on multiple fronts (it is not an inconsequential amount of money).
I feel that there is an element extortion on his part, since in the UK - if you hire employees and offer them a contract; sure it is right for me to assume that until the day one is fired and provided one has tried to the best of one's ability to execute his duties (assumed here is that the recruiters will have carried out the requisite due diligence prior to an offer being made in order to deduce the appropriateness and fit of a prospective employee - before making that person an offer of employment and signing a contract to that effect.
If they have hired someone and later discovered (subjective/objective) that person to, in their opinion be "inappropriate" for the role - they are bound by the contract and exposed to the salary owed and cannot claim that an employee is owed zero - which is what they or rather (A) is technically trying do here, and then using threats such as "harrassment" to try and fob me off.
Thanks. Please answer those last questions as faithfully as you have all the rest, and I am sure thereafter I can let you move on.
I want to thank you immensely for your wise counsel on this.
Definitely money well spent in extracting your obvious experience steer.
It gives me no amount of satisfaction having to pursue this avenue since, to my mind, it would seem a matter that should have had a line drawn under it a long time ago. It seems to me there are other matters at play here behind the scenes to do with non-registration of a new company trading out of a residential address and hiring staff probably as well as the tax status (corporate) which makes (A) so vehemently opposed to paying a salary.
Either way, I will find out.
If I would like to retain your counsel or that of your firms at a later date, is there a way that I can reach your or any of the solicitors on this thread again - either by email or by phone?
07507 648 298