What can I do my previous employer doesn?t want to pay me my wages?

[maryline]

Hello everybody,

Does someone can adviced me regarding this probleme? Or if you have lived the same experience...

Many thanks for all your comments!

[matthew123]

Well amongst other things it's effectively slavery - which of course is a criminal offense

I guess start off speaking with your citizens advice bureau

[Strawbs]

When you say 'they dont want to pay salary' is it because the company is going under? they feel you havent worked for the salary? give me some more details.. My partner went through something similar this year and the company ended up going under.. First step is you have to put in writing your request for your salary and they have 28 days in which to respond then you can lodge something with the employment tribunal people (I think ET1 form).. Once you tell me a bit more I cna get you some more details..

[Huguenot]

It's difficult to say maryline, unless we have more details...

Why doesn't he wish to pay you wages - does he suggest that you have done something to deserve this treatment?

Just to check - was your position a legal one?

[Huguenot]

cross-post with Strawbs...

[maryline]

Thanks for your comments.

I recently left a job as my employer did not pay me for 3 weeks whilst the work place was temporarily closed. I did not receive a payslip or contract during my employment and my former employer is withholding my last week wages despite promising to send me my P45 with a cheque.

I have been waiting now for 1 month.

[KalamityKel]

Have you checked with them to see if they have sent it out or not?

[Strawbs]

I would call citizen's advice and start from there or is it acas? Do they owe you for the three weeks as well as the one week? If you havent already I would put together a letter requesting that you are paid what is owed to you, wait the 28 days then file a ET1 with the employment tribunal (its done online).. Waiting times are longer than normal for the tribunal but it will be worth it in the end.. J

[maryline]

Many thanks for your tips. I will contact the citizen's advice bureau.

I left the job beginning of September. I waited mid-September and when I saw no mail coming I called my boss who told me that he is also waiting for the P45 and will send me it ASAP.

I called him back at the beginning of the month and he is telling me that I need to confirm him my address and my DSS number or the details of my new employer if I have one.

I have been in London for less than 1 year so I don't know if he is lying to me.

Anyway I try to stay positive, and hope to receive this money before Xmas...

[Tolly]

Okay, so what I think you're saying is that you decided to leave because you didn't - probably as a temporary worker - get paid while your work place was closed and that you returned to work for a week after the closure and then chose to leave, and are now therefore waiting for one weeks pay plus your P45.

So if he has said that he is going to pay you but has not, then it would seem to be he is suggesting that he wants details from you to raise your P45. He does need your address to do this but he doesn't need your new employers details (the P45 should be sent to you for you to then pass onto a new employer once you have one). I'm also not sure what you mean by DSS number - if you actually mean National Insurance number then yes, if you have one of these you should give this to him but if you don't, that doesn't stop him raising the P45. That said, if he has been employing you legitimately then he should have all this information already in order to provide you with payslips.

If he outsources his payroll services then there could be a delay in getting your final pay and P45 sent to you. However, if he has said he is going to send it to you then it doesn't seem to make sense that he would change his mind so perhaps he genuinely is waiting for the info. Might make sense to ring him up, provide this and then ask him when this will be done by. Might also be worth suggesting you pick up the documents and cheque rather than him post them, given the current royal mail issues.

Either way, moving forward you can start a new job and fill in a P46 form and then provide them with the P45 once it arrives. Also, make sure you have an employment contract (or in the absence of that, a work statement) which outlines at the very least your job, start date, type of employment (perm, contract, temporary), place of work, pay rate, pay schedule, notice period and holiday entitlement. www.direct.gov can also be quite helpful with basic employment matters.