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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 72019
Experience:  Qualified Solicitor
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I left employment in may, but i still havent been paid. Its

Customer Question

Hi i left employment in may, but i still havent been paid. Its been more than three months but i have attempted to contact the agency but have received no reply. Can i claim compensation?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I have tried to contact hr but have received no response
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Unemployed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I worked there for 3 weeks i was with an agency. I just found out the branch i was with is permanently closed The office
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months 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 4 months ago.

I'm sorry to hear this. Has the agency ceased trading? and how much are you owed in total?

Customer: replied 4 months ago.
I think the agency is still trading but the office I was with is not open
Customer: replied 4 months ago.
I think I'm owed about 300-500 I'm not sure of my exact hours
Expert:  Ben Jones replied 4 months 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 4 months ago.

Many thanks for your patience. As you are over 3 months from when you were due to be paid, you won’t be able to make a claim for this in the Employment Tribunal. However, you can still make a claim in the County Court if needed.

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

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, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the debt in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.gov.uk/make-money-claim. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

4. As an alternative to legal action a debtor can be issued with a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so would allow the creditor to bankrupt the debtor (if they are an individual) or wind up the company (if they are a business). The minimum amounts owed to be able to issue a statutory demand are £750 if the debtor is a company or £5,000 if they are an individual. For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Hopefully this clarifies your situation

Customer: replied 4 months ago.
Instead of a letter can I send an email?
Customer: replied 4 months ago.
I dont understand this "The minimum amounts owed to be able to issue a statutory demand are £750 if the debtor is a company or £5,000 if they are an individual."
Expert:  Ben Jones replied 4 months ago.

Hi there, yes you can indeed send an email if needed – that is entirely acceptable these days.

The paragraph you refer to states that you can only send a statutory demand if you are owed £750 by a company or £5,000 by an individual, so if you are only owed £300-500 that won’t be an option

Hope this clarifies