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Non payment of wages/small claims court ongoing shite.

2 replies

BarGirl · 01/08/2017 11:09

Hopefully someone can help. I am just so very fed up of it all.
I and quite a few others have taken our old bosses to court for non payment of wages with ACAS help. Our bosses had opened a business and did a huge fraud (pheonix type thing). HMRC and CID are involved. We won the court case but the sherrif officers couldn't , surprisingly, find them to reclaim the money even though one has just been in court on another matter three times so far.
We have now been told to take it to small claims and then it will get refunded by a government N.I compensation scheme ( Which I can't find any information for).
Is this correct and how do I go about taking it to the small claims court? I have been representing all of us a group claim and quite frankly, I'm tired, stressed and in a muddle now.
We were paid in cash weekly. We were told that the NI and tax were taken out, which tallyed with the hours and pay we were given. We never got payslips, we rang the accountant but there was never any reply.
After checking with HMRC they had never paid it, just skimmed it off for themselves. So, will this screw us up for any claims as we now have gaps in our tax/ N.I records?

Also posted in legal.

OP posts:
daisychain01 · 01/08/2017 14:30

Have you tried Citizens Advice? There is some good info on the CAB website about the new fast track system where an award at ET isn't paid

In England and Wales, there is now a fast track system you can use if you've been awarded compensation by the tribunal but your employer doesn't pay. Under this system, you can ask a High Court Enforcement Officer to act for you to collect the money

www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/after-the-employment-tribunal-hearing/#h-what-if-my-employer-doesn-t-pay-up-

I'd also suggest you take proper legal advice especially as it affects many people not just you. CAB may support you in identifying a specialist who has handled these type of cases.

I'm not surprised you're feeling stressed out, you shouldn't have to shoulder the burden on your own.

BarGirl · 10/08/2017 09:52

@daisychain01
Thank you for replying. This dropped off my on list!
I'm in Scotland so the laws are a bit different.
We only have one CAB place here and it's a nightmare trying to get through.
I've tried the national number but they could only offer me a telephone appointment a week away in the evening when I work.
I'll obviously keep trying.

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