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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75057
Experience:  Qualified Solicitor
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An employer I used to work didn't inform my employment with

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Hello
JA: Hi. How can I help?
Customer: An employer I used to work didn't inform my employment with their company to the HMRC, and they denied that I worked for them The only trusted evidence I have against them is my bank statement Which shows I received salary from And I want to take legal action against them so is my bank statement enough to proof my employment with them
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No I didn't Not yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am employee right now But with different company I left that company
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Recently I found out that even the payslips they provided most likely were fake

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.

Customer: replied 10 days ago.
Ok
Customer: replied 10 days ago.
I prefer online

What do you want to sue them for exactly? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 10 days ago.
The HMRC has no record of my employment with them
Customer: replied 10 days ago.
i am sponsoring my partner so I applied for UK and told home office I work for this company
Customer: replied 10 days ago.
But the home office checked my record with HMRC and couldn't my employment with this company
Customer: replied 10 days ago.
my visa was rejected
Customer: replied 10 days ago.
I do have my statement of my bank account which they used to send me salary
Customer: replied 10 days ago.
can my bank statement be enough proof against them

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

The bank statements and proof that you received payments from them can indeed be used as evidence if needed. It shows that they were paying you for a period of time and whilst that does not 100% prove that you worked for them, it strongly suggests that this was likely the case, or they would not have been sending you payments.

The issue is with what you will actually be suing them for. You can only sue them if you have suffered losses or damages as a result of what they did. The visa rejection is not a loss you can claim for, apart from maybe the costs of the process. So you need to identify what you are claiming from them before you proceed with a claim for compensation.

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.moneyclaim.gov.uk/web/mcol/welcome. 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.

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 10 days ago.
Thanks for your help, but I am not trying to sue them. I just want to report them to the HMRC. So I wanted an advice before I report them to hmrc. By the way I emailed twice and they didn't reply to emails. So what I wanted to know is would bank statement be enough against them, considering the documents they provided are fake

Hi there, thank you for your further queries, which I will be happy to answer. Again, the same principles will apply – all you can work with is what you actually have. You cannot create additional evidence and you are limited to what you have access to. If that is just the bank statements then that is all you can put forward as your evidence. Whether it is enough is something that only HMRC can decide. This is not determined by law, this is about the organisation in charge of this deciding whether they are willing to take this further based on that specific evidence – until you have submitted it to them and they have made a decision, you simply won’t know. I hope this clarifies things for you a little bit more.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

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