Previous thread here. DH works in the construction industry as a site labourer and hasn't been paid by his company in over four weeks. They owe him a little over £3,000. I want to send a legal sounding letter, essentially threatening to take the company to the employment tribunal, but can he do this if he is self employed?
Facts that may be important:
DH paid weekly, into his account, by BACS.
The company automatically deduct 20% for tax, but do not pay national insurance.
If he doesn't turn up, or is sick, he doesn't get paid for that day.
He receives no holiday pay or other benefits.
He has no written contract.
The company is still trading and is a LTD company.
The boss spoke to DH on the phone today, and said he would definitly pay but couldnt confirm when, as they were having problems with a company that owed them etc. He said that some creditors were threatening court action and so he had to pay those ones first.
Its the self employed bit that has really confused me here - DH has 'worked' for the same firm for years, so we've never really classed him as self employed, but I'm guessing that bit is pretty crucial in deciding what course of action is appropriate.
I'm sorry for being so bloody clueless about this, but would really appreciate some help. 8 of DH's other close work friends are in the same situation, and none of them know what their rights are here,