employer not paying employee

[Asteroidneenee]

Hi,

I am facing a rather weird situation.

My boyfriend used to work for a restaurant,

After he'd quitted they sent him his P45 without paying him two shifts. It was a mistake but then the owners asked my boyfriend to create an invoice.

My boyfriend registered with HMRC sent him the invoice.

The owner responded that he needed the UTR number (which is not mandatory)

We waited for the UTR to arrive and send it to him,

since then: NO ANSWER

the shifts were done in August 2017 (a year ago)

invoice sent January 2018

The owner was really aggressive, writing stuff like: 'Come see me face to face.' and even calling him a 'dick' when we said to him that it was really unprofessional to make mistakes like 'forgetting to pay 2 shifts'.

I don't know what to do, here are my questions:

1/ do we need to do an invoice? when actually we have an email where he says they owe him

2/ he is not paying the invoice what do we do next.

I feel like it is unfair and it's very annoying for us to leave it like that, it is a small amount of money but it's not the matter here.

[JohnL]

You want a third party really as the emotions need to be taken out of the situation. You don't want to pay for a third party so CAB or organisations in the previous thread.

On another note - small companies outsource HR to avoid this sort of situation which just is embarassing.

[Asteroidneenee]

I have not seen any of the previous answers because the post was deleted, someone contacted me privately to ask me to repost without names :) what is CAB?

[peckham_ryu]

Hi,

What a pain for him. Sounds like the restaurateur probably hopes you'll give up on it if he keeps fobbing you off.

Firstly, this is a payroll issue so there was no need for invoices. I've settled a final month pay error with a previous employer with none of this trouble.

Secondly, if you search the web for "template letter before action", you'll get an idea of the kind of formal letter that would seem to be the next step.

Best of luck.

[Sue]

Citizens Advice Bureau.

I'm wondering why your boyfriend would not meet his boss face to face to discuss things? Couldn't that have sorted out the situation much quicker and earlier without going through all this?

ETA: Is there some past history between your boyfriend and his boss which could explain this bad feeling? As on the face of it, all this trauma over payment for a couple of shifts seems absurd, and I'm wondering why the employer didn't just pay up, if he's admitted he made a mistake.

[JohnL]

Citizens Advice Bureau

It's a bit go to - but at least they will know the other organisations that will help for free - but don't let emotions overcome it - it's a business transaction and if you're owed money you're owed money.

[Asteroidneenee]

@peckham_ryu : thank you :)

@JohnL : Thank you :)

@Sue: because it was not necessary and having someone say stuff like: come face to face in an aggressive way is not an invitation to be nice to each other.

there's no history that's why I don't understand. but since I posted I've had two people come privately to let me know that this restaurant has done the same to friends of them and they are now not going there anymore.

[JoeLeg]

I?ve PM?d you.

[IlonaM]

Hi,

I see my link to the ACAS helpline has gone up in smoke with the rest of the original post, so here it is again:

http://www.acas.org.uk/index.aspx?articleid=2042

'Calling the Acas helpline

If you have not been able to find an answer on the Acas website, Helpline Online or if you need help with resolving a dispute or a problem in your workplace you may wish to talk to a Acas Helpline Adviser. Before you call the Acas helpline please take some time to read the employment law and employment relations guidance related to your call.

It can also be helpful to keep a note of any guidance pages you visit as this can help you and the adviser if you need to refer to this information during your conversation.

Before making your call please make sure you have with you:

a pen and some paper

your contract (if available)

notes about any information you may wish to discuss.

If you have an impairment that makes it difficult for you on the phone, please tell us what you need so that we can do our best to help you. Our advisers are trained to respond to customers' needs when we know what these are.

The Acas helpline number is 0300 123 1100. It is available Monday to Friday 8am-6pm.

...

International languages

You can get Helpline support in any language. Just call the Helpline and tell us which language you prefer. Within seconds we'll have an interpreter available for you.'

[Asteroidneenee]

IlonaM Wrote:

-------------------------------------------------------

> Hi,

>

> I see my link to the ACAS helpline has gone up in

> smoke with the rest of the original post, so here

> it is again:

>

> http://www.acas.org.uk/index.aspx?articleid=2042

>

> 'Calling the Acas helpline

>

> If you have not been able to find an answer on the

> Acas website, Helpline Online or if you need help

> with resolving a dispute or a problem in your

> workplace you may wish to talk to a Acas Helpline

> Adviser. Before you call the Acas helpline please

> take some time to read the employment law and

> employment relations guidance related to your

> call.

>

> It can also be helpful to keep a note of any

> guidance pages you visit as this can help you and

> the adviser if you need to refer to this

> information during your conversation.

>

> Before making your call please make sure you have

> with you:

>

> a pen and some paper

> your contract (if available)

> notes about any information you may wish to

> discuss.

>

> If you have an impairment that makes it difficult

> for you on the phone, please tell us what you need

> so that we can do our best to help you. Our

> advisers are trained to respond to customers'

> needs when we know what these are.

>

> The Acas helpline number is 0300 123 1100. It is

> available Monday to Friday 8am-6pm.

>

> ...

>

> International languages

>

> You can get Helpline support in any language. Just

> call the Helpline and tell us which language you

> prefer. Within seconds we'll have an interpreter

> available for you.'

Thanks that's really helpful!

[Robert Poste's Child]

On the previous thread I suggested (among other things) calling an employment lawyer. The first consultation is usually free and at the end of it they'll tell you whether you have a case and on what grounds. Whether or not you have to recourse to legal actions it's helpful to know and you can use it as a lever in conversations with the employer.

[binkylilyput]

I won't comment on the particular restaurant/ individual in question but yes, pubs/ restaurants are well known for this kind of thing. What might seem like a small amount of money (one or two shifts), soon adds up if they do it often enough. Often staff don't have proper contracts, aren't given p60s etc. They rely on staff often being quite young and perhaps less inclined to go down formal channels to address pay disputes. Plus even popular seeming establishments are struggling financially these days.

Keep records of everything Neila and seek advice, write formal letters etc where you can. They won't want their payrolls scrutinised.

[Asteroidneenee]

thank you for your support :)