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Ben Jones
Ben Jones, UK Lawyer
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How do I now help this guy. No response from former employer

Customer Question

How do I now help this guy. No response from former employer obviously.

23rd April 2014

Stephen Culham
Culham Taverns Limited
11 East Hill
Essex CO1 2QX

Dear Mr Culham

Re: XXXXX XXXXXph Andrew Ellis DOB 7-4-1987 NI No. JN 77 11 D

I write in a personal capacity on behalf of the above named in the first instance who presented his position to me through my Social Commerce Project in Colchester. I hold a number of mentoring and advocacy roles both in my own projects and social media film foundation and also the University of Essex. There appear to be some complex issues to resolve here which fall entirely to your responsibility to ensure your statutory and legal obligations as an employer are met.

As you are aware, Mr Ellis accepted your offer of employment with accommodation at The Lion, Ardleigh and started on 11th October 2013 and ended by default on 6th April 2014. Upon checking with Companies House this evening Culham Taverns Limited has not been liquidated or placed in Receivership and for the duration of Mr Ellis's employment, you acted as the sole Director of the company.

I understand that although a written outline of terms was never provided Mr Ellis, he supplied you with his P45 upon accepting employment but that at no point between then and now was he ever provided with a payslip, NI or Tax records or indeed either a P45 or P60 when you closed the business on 6th April 2014.

I am advised that Mr Ellis accepted terms based upon minimum wage @ £6.31 per hour less an accommodation deduction of £300 per calendar month and that during the period in question you only in actuality paid him the sum total in cash or benefit (clothes and a bed) to the sum aggregate total of £850.00 leaving a sum due to Mr Ellis of £5798.62. For the first 4 weeks of his employment he worked 24 hours per week and subsequently a shift pattern of; Tuesday 12 noon - 12 midnight, Wednesday 12 noon - 6pm, Thursday 12 noon - 12 midnight, Friday 12 noon - 6pm and Saturday and Sunday 12 noon - 12pm (60 hours per week). I attach a schedule of these figures for your information.

As a consequence of Mr Ellis's wages not being paid to him he is now in a position of great hardship and vulnerability and I am concerned for his immediate mental health. Without means which he would have had had you paid him, he finds himself homeless and having great difficulty accessing unemployment or housing benefits because he has no way of evidencing his employment and the terms upon which it was based and subsequently terminated. Mr Ellis spent time with a project worker today and we have made a referral to an organisation specialising in homelessness and a worker will be supporting Mr Ellis to visit his GP on Friday. We shall be providing the DWP with a copy of the file we have prepared to support his application for entry into the benefits system for his immediate protection and wellbeing.

As Mr Ellis is homeless, he asks that you forward any correspondence c/o,XXXXX Colchester, Essex, CO1 1JH in the interim. Mr Ellis has also signed a consent disclosure (attached) to allay any concerns you may have in the security of written communications sent to this address. At this point, I have agreed to facilitate advocacy for Mr Ellis including writing to you and either I, or a project worker would be happy to attend your registered office or invite you toXXXXXto discuss this with both yourself and Mr Ellis.

However, I do need to formally advise you that I expect you to have acted to resolve matters within 7 days from the date of this letter, that is by close of business on 1st May 2014 including arrangements being put in place to pay Mr Ellis the sum due to him and provided payslips, a P45 and a P60. Should you choose not to do so, I will support Mr Ellis to rigorously seek to recover both the sum owing and interest as prescribed by law. Further, should further harm or distress affect Mr Ellis as a consequence of homelessness, medical emergency or mental health admission we shall hold you responsible in law for neglecting your fiduciary obligations as an employer and formally register concerns with Companies House regarding clear absence of compliance with Company Law, similarly with National Insurance and Taxation Authorities.

I appreciate that the closure or re-structuring of any business is a difficult time, but this in no way obviates your legal responsibility or duty of care to your employees or trading whilst knowingly insolvent. I hope that by writing to you personally and opening effective dialogue, you reflect on this matter, take such advice as may be required and immediately act to protect Mr Ellis by paying him in full the sum due to him so he can secure housing and such benefits that he may be entitled to bringing this unhappy chapter of his life to a close.

Yours sincerely

James Reymond
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. did the person involved take on a tenancy of the pub or was he employed as a manager with a contract

JACUSTOMER-ihf92rjz- :

no, Daniel simply accepted the offer of a live in job, HMRC have filed winding up in the High Court 1777 2014, but not yet in liquidation, the contract was verbal, I've obviously written to the Official Receiver to place Daniels claim on file ahead of time, but what I dont know (as no answer) how to help him best. He never got a payslip and there is no supporting paperwork, but Daniel is very vulnerable and I'm not a lawyer

JACUSTOMER-ihf92rjz- :

he's now advertising for staff for his burger van just down the road, facebook

JACUSTOMER-ihf92rjz- :

Ben Jones :

Thanks and what would you specifically like to know about all of this, what queries can I answer for you?