Employer refusing to pay week in hand wages

[takenforaride]

Hi,
looking for advice on where to go next with this situation.
Since january 2009 untill 15.05.2009 i have been employed and paid a salary wage weekly , due to circumstances arrising in moral ethics if felt i could no longer work at this place of employment , when i started work i had to work a week in hand and now my employer is refusing to pay me the wages owed stating that i have had an easy ride with him , to make matters worse my employer was my brother and he really is completely unapproachable on this matter , i do not wish to get in a slanging match with him but cannot afford to just let this matter pass ( £211.00 before deductions ) , his company is a limited company if that makes any difference , any help would be greatly appreciated.....thanks

 

[winelight]

Write a polite but firm letter saying you have asked for this money and it hasn't been forthcoming so you are giving notice that unless it is paid within 7 days you will file a claim in the small claims court (check first that you can file claims for unpaid wages, but I don't see why you can't). You can file small claims online or at a court by filling in a form. There's a small fee but you will get that back if you win (and he actually pays). Only any point in doing this if the "person" you are suing has money. If it is a limited company be absolutely certain you get the name and address of the company right (and check whether it should be the trading address or registered office, I don't remember).

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

[Zeno]

All sorts of good, legal advice will be offered here however none of it will matter a damn depending on how you want your relationship with your brother to continue in the future.

Which side will your family come down on? Yours for him not paying you or his for you walking out? (Again, nothing to do with the point of law but it's your life).

 

[takenforaride]

I know that their is a cost involved regarding relationships with members of family , my relationship with my brother has been shakey to say the least , he came to me innitially asking me to work for him and i did have my reservations but i guess i'm one of those people who's quite soft and believed all the tripe he fed me , now i'm certainly not the brightest of sparks in a box but above all i am an individual with morals and the welfare of my immediate family come first ( ie: the wife and kids ) and being in the low income bracket cannot afford to just let this matter ride , i would love this to have ended ammicably but unfortunately that isn't the way things pan out in life is it?

 

[KateCB]

As long as you are prepared to lose the brother then talk to ACAS - did you have a contract? As a Limited company (and this is the crux here - it is a seperate legal entity to your brother) then you should have been issued with one.

There is also perhaps a small matter of holiday entitlement - you will have accrued holiday entitlement for the months you worked unless of course you took them.

You can take the company to tribunal for non-payment of wages I believe.

 

[takenforaride]

As long as you are prepared to lose the brother then talk to ACAS - did you have a contract? As a Limited company (and this is the crux here - it is a seperate legal entity to your brother) then you should have been issued with one.

There is also perhaps a small matter of holiday entitlement - you will have accrued holiday entitlement for the months you worked unless of course you took them.

You can take the company to tribunal for non-payment of wages I believe.

Hi thanks for the reply , no i never had any contract drawn up or verbal and as far as i'm aware didn't think i would be entitled to any holiday pay.