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Non payment of salary(4 Posts)
I was working as a self employed medical worker for a private clinic for a year when the owner sacked me without any warning as he didn't have enough work for all of us and the last in had to go.
Fair enough I can deal with that if he hadn't happened to try and blame me for the sacking rather than owning up to it being due to there being no work, he brought up all kinds of nonsense that I was supposed to have done over the last year and blamed me.
What employer does this? Surely if there was an issue with my work (which there wasn't) then surely he'd had brought it up at the time not a year later all in one go. I always ask my employers to let me know immediately if there is a problem with my work.
Anyway this most unpleasant conversation ended with him promising verbally to give me 2 months wages as a severance package. Something which he had no obligation to do as I didn't have a contract as such.
Anyway I've had one month but the second month has not been paid despite me emailing him.
Is there anything I can do about this situation?
He was a verbally abusive bullying boss who made our lives a misery and did a lot of things I can't mention on here as it's outing that were extremely unprofessional and illegal. I suspect he brought up all this rubbish about my work to try and scare me into keeping quiet about the things he did. I'm inclined to go to my professional body if he doesn't pay up and report his indescretions and illegal activities.
Are you sure you were genuinely 'self-employed'? It sounds like you were employed, even if both you and your employer were calling it self-employment.
Either way, even if you were in reality employed, as you'd only been there a year, he was entitled to dismiss you, and wasn't obliged to give you any 'severance package', and as you don't have the commitment to give the package in writing, you don't really have any way of pursuing that.
However, if the nature of the relationship between you and your employer was in reality one of employment or casual work, he owes you holiday pay so you could pursue that.
Well believe it or not I've been paid! Very late but it's in my account. I'll put it all behind me now but thank you for your advice. I was not expecting this outcome tbh.
You could report him to HMRC for tax evasion. Look up IR35
You were not self employed. By claiming that you were he reduced NI and pension liabilities.
If you were self employed you would not have had an employer. You would have had a contract with termination from both sides clearly outlined. You would have been able to set some aspects of the work etc You would have invoiced them.