Not being payed, what do I do!!

[User6949671]

I've worked for a family since June, they claim benifits and part of my wages is payed through one of the attached benift schemes

When I started there where issues with payment which I just chalked up to teething problems of the first time they had employed a nanny ect.
However this has carried on with every month being short of X amount of money, with them expecting me to pay for things they need out of my pocket and being confused as to why I'm charging them these expenses and refuting payment However always did in the end, I know these where massive red flags and I should have walked months ago but the kids have had so much upheaval I stuck it out. Stupidly. however I'm now in the position where I have not been payed for over 2 months. I have no idea what to do where I stand or how to move forward!! Help!!

Did you use an agency to find the job?

Do you have a contract? I would leave immediately and take them to the small claims court or something similar

Was going to say exactly the same as Fabpinky- do you have a contract, do you have any texts, emails etc confirming the shortage in pay....if so I'd be resigning with immediate effect and logging with small claims.

I've said I will not be returning until I have the money I am owed, sadly this is the only job I've taken that's not through an agency!! Live and learn I guess :(
I have plenty of messages promising this that and the other and then back tracking.

small claims is easy to do online- you really should take them to court over it

The parents are completely out of order. You are very kind to have stuck it out but you really need to put yourself first now. Do not feel guilty if you need to leave for a job where you actually get paid!

1. I nannied when I was younger and now have a nanny for my son (only part time; he is mostly in nursery). So I’ve been on both sides and these parents are taking the piss. What have they said? Are they apologetic and promising to sort it?

1. I’m not in the UK so not familiar with the scheme you are paid under - but could you ask them (a government authority?) to pay more of your wages directly to you? If the family is being supported and the kids have faced upheaval, perhaps that authority has an interest in keeping you there. I might be way off though - hopefully some UK people can chime in

1. If you were employed through an agency did you sign an agency agreement? Can you contact them for support? They may have other jobs also, if it comes to that.

1. Did you sign an employment agreement with the parents... or is it documented in an email exchange or similar?

This post was edited by MNHQ

Sorry x posted. Agree with pps - I’d look for a new job ASAP. Don’t give up on getting what you’re owed, but you need to find a reliable new source of income.

You can claim benefits to hire a nanny?

Stupidly said I will have to escalate to small claims of not paid and they've threatened to declare bankruptcy. Which I know they will do. :(

You can claim towards upto 75% of childcare costs if the child care provider is Ofsted registered.

Take them to smalls claim court - they can't just declare themselves bankrupt - it costs money and has to go via an adjudicator. You'll be listed as a creditor and will get paid out of their assets - you may get pennies in the pound but it's better than nothing.

www.moneyadviceservice.org.uk/en/articles/how-to-declare-yourself-bankrupt

Why would you want to work for people who would rather declare themselves bankrupt than pay you what you’re owed?

As long as you have a contract you’re fine. Do not go back though

They are literally stealing from you.

Are you an employee or self employed? If an employee you can submit a claim to the employment tribunal which is free but first you have to go via ACAS.

It wasn’t stupid to tell them you would escalate to small claims, it se the right thing to do to me. It sounds to me small claims court is the only chance of you seeing your money. They are saying they will declare bankruptcy in the hope you won’t make a claim

I wonder if mentioning to them that you could easily inform the benefits fraud hotline that you're not being paid might work?

they've threatened to declare bankruptcy errr they are just making this up....if this is possible by all means let them destroy their credit rating

Presume as a nanny you are an employee, so it would be the ACAS/tribunal route - see here. Hopefully if you start the process it would be enough to get paid www.citizensadvice.org.uk/work/rights-at-work/pay/problems-getting-paid/

I no longer have any intention of returning to work for them they really have shown there true colours with the way they have delt with the whole situation.
Unfortunately I am self employed as I work for 3 families so ACAS is a no go.
Im certainly going to look into small claims court I think many of you are right and this is the only way to go.
Thankyou all for you help! Not feeling quite so much in a tail spin now!!

For future reference, working for three families does not automatically mean each role is self employed. Each needs to be looked at on an individual basis. Permanent hours is most likely an employed job and you can have many employed jobs (I had three employed jobs plus did ad-hoc care via by own business).

This is a good guide to claiming

www.moneysavingexpert.com/reclaim/small-claims-court/

When claiming include the full amount owed, any costs incurred by the claims process and amount for the time taken trying to recover the amount at your hourly rate.