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SolicitorRM
SolicitorRM, Solicitor
Category: Employment Law
Satisfied Customers: 5216
Experience:  Director and Principal Solicitor. UK
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I am an ex-employee from a Wales based company. I do not

Customer Question

I am an ex-employee from a Wales based company. I do not live in the UK, but was told that any complaints need to be made in the UK. This employer claims only 2 employees on audits and documentation, but hired full time executive level staff that met the criteria for full time employees (which can actually be seen on the teams page of the company website). Recently, another ex-employee left and the ceo has been threatening her and refusing to pay her final paycheck. He's also reached out to me personally in a threatening manner (mentioning harm coming to an unborn child because of me - it was bizarre). Is there any kind of group claim we can file? And if so, where do we turn for help?
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: Yes, but been directed to seek help in the UK.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm in the US and am a contractor.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so.
Submitted: 13 days ago.
Category: Employment Law
Customer: replied 13 days ago.
Is this still live?
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 13 days ago.
it's fine, i'll wait
Expert:  SolicitorRM replied 12 days ago.

Good afternoon. Welcome to just answer. I am a solicitor and reviewing your question now for you.

Expert:  SolicitorRM replied 12 days ago.

When you make any claim you must identify the cause of action and you must identify also the remedy sought. If the complaint is about the threats and the harassment then being an employee I can only think of  claiming that you were forced to leave your employment by this conduct and therefore possible constructive dismissal claim. You refer to yourself however as a contractor so there could be a question to answer first whether you were actually an employee or worker to be able to take on an employment tribunal claim. If the complaint is with the fact that you were not classed as employee but should have and therefore your claim would be about classification. You can’t have a class/group action because employment contracts are individual and the breach of one will not necessarily mean another has been breached too.
Also to note the strict 3 months limitation for taking matters to the tribunal and the requirement that you should have been employed for at least 2 years.

any clarification please do not hesitate to send your follow up question, I am always glad to help. All the best.