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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70766
Experience:  Qualified Employment Solicitor
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I want to launch an official complaint against my boss and

Customer Question

Hi I want to launch an official complaint against my boss and proceed to sue him for failure to pay my allowance in full and besides the careless handling of my working permit situation .
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Haven’t
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Full time employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I’m a foreign worker , non British / EU person
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ben Jones replied 7 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 7 days ago.

Hi there. Please can you explain your situation in some detail.

Customer: replied 7 days ago.
Sure
Expert:  Ben Jones replied 7 days ago.

Thank you. I will wait for you to provide some more information

Customer: replied 7 days ago.
Dear sir,
I want to launch an official complaint against my boss and proceed to sue him for failure to pay my allowance in full and besides the careless handling of my working permit situation. I am a Malaysian, and my employer is the boss of a architecture design company. On my employment. we signed a contract that became effective on the 20th of July 2020. Before the agreement, we had an interview where he assured me that I was qualified and my papers were alright to get employment at the company. He guaranteed that in the course of my employment, he would help with the processing of work permit documents for me. To gain my confidence, he assured that he had dealt with cases of foreign workers like myself and that the protocol was standard procedure. Therefore, with convincing information, I trusted him. I handed my passport copy which is the only document he requested before I signed the contract and I started working for him. I have been an employee there for a while and I have been committed to my work, including during the weekends and extra hours.
The conflict deception was revealed when I planned to travel abroad to visit a friend. I enquired with my boss if I would be allowed back in the country. He informed me that the work visa was already in progress and in case of any challenged he would inform the immigration officers that the matter was being taken care of. In the end, when I was due to return to London from my vacation, it turned out that he had intentionally misled me as I was deported back to my country. After reviewing my documents, the immigration officer informed me that I was misled by my boss. According to the immigration officer, the boss was taking advantage of me as a foreigner to work for him on cheap wages and the minimum basic salary. Also, the boss was aware of my status as a non-EU person, with nothing but a British passport. As per the immigration laws, there is a standard procedure that must be followed when employing a non-EU person which my boss overlooked and misguided me on the matter. Another procedure should have been followed when he hired me to work under the United Kingdom immigration laws.
After being deported back home, I tried reaching out to my boss concerning the matter as previously agreed but he was not willing to honour his side of the agreement. The situation was not handled with the seriousness it deserves even though it was his fault that the inconvenience was caused. Considering the implications that I suffered because of incompetence and international deceit, I feel he is liable for the damages I have sustained from then to date. I have faced huge losses and was forced to pay quarantine fees in the process. Following the recommendation of the immigration officer, I was to collect all necessary documents for my visa application. My boss withheld the passport document which is an essential document in Visa application. I have repeatedly asked him to give the passport and as of the moment, the response from his side has been poor. So far, he has informed me that he could not meet the conditions that I asked. I felt. It leads me to the point that he intentionally deceived me and used me to work for him cheaply, exploiting my status as a foreigner.
As of my contract of employment, which I have, together with all documents validating my claim. I want him to honour the contract and complete the remaining balance for my salary or else I will proceed with this lawsuit. In addition, I want compensation for the losses in quarantine fees that I sustained after returning to Malaysia. To my disappointment, whenever I ask him for my salary, he doesn’t respond on the matter yet the contract is still enforceable. I want to state for the record that my contract was never terminated whether implied or in writing therefore, by law I am still an employee of the company. I need legal advice on how to proceed with this matter.
Expert:  Ben Jones replied 7 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 7 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

You could consider pursuing the employer for compensation for any promises which were made and which were not fulfilled. Realistically, you can only claim for the owed amounts, rather than extra compensation, such as for stress or inconvenience.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.gov.uk/make-money-claim. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

It is important to note hat you will need to be present in the UK to eventually deal with he claim so you may have to instruct someone to represent you. For example:

https://www.moneyclaimsuk.co.uk/claiming-from-outside-uk.aspx

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 7 days ago.
About the 2. Content, I don’t think my boss will change his mind in anyway , should I proceeding fo formal legal ?
Expert:  Ben Jones replied 7 days ago.

Hello, thank you for your further queries, I will be happy to answer these. You have to send a formal letter before action before you initiate a claim so even if you do not think it will make a difference, you still need to send it.

I very much hope that your further queries have been answered to your satisfaction and please do not hesitate to get back to me if you need further clarification.

Customer: replied 7 days ago.
Can I get a lawyer to send him this warning letter ? I don’t feel comfortable to talk with him anymore
Expert:  Ben Jones replied 7 days ago.

yes you can do, we cannot offer such a service unfortunately as we are just an online chat service but you can engage a local lawyer to do this if needed

Customer: replied 5 days ago.
hi , may I know for my case will it turn out I won in this lawsuit ?
Customer: replied 5 days ago.
also , can you tell me what my boss might get punished on this matter ?
Expert:  Ben Jones replied 5 days ago.

Hi, no one can tell you if you will be successful I’m afraid. That depend on lots of factors and until you have taken it further, you will not know.

The boss could potentially get into trouble but the only way for that to happen is if the employer does something about it, like deciding to discipline him – that is entirely up to them and you cannot force them to take any action against him.

I hope this clarifies things for you a little bit more.

Customer: replied 2 day ago.
hi , if i want to write the warning letter by my own . Can you help me read it before i send ? because i dont want to be too offended and want to follow the legal way in this case
Expert:  Ben Jones replied 2 day ago.

Hi I can have a look at the letter and suggest amendments, but that will be a premium service as it will not be included in this basic chat so will be charged extra. Until I have seen it though I cannot say how much exactly. Thanks

Customer: replied 8 hours ago.
File attached (Z57PG1Q)
Customer: replied 8 hours ago.
if he ignore , i plan to send this
Customer: replied 8 hours ago.
Can you help me to have a look at the letter and suggest amendments
Customer: replied 8 hours ago.