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Taking a company to court
Former Member
Posts: 1,876,323 The Mix Honorary Guru
I've recently left a large, well known telemarketing company for whom I worked for three weeks.
Following leaving I was informed by many people (ex-employees of the company) that said company do not pay people that leave their wages.
With this knowledge, I went to speak to the woman in charge of payment, who informed me this was all just rumours (I had spoken to many people DIRECTLY who had not been paid) and I would be paid on the 5th of Feb (apparently those who had left are paid a week later than everyone else due to P45 reasons...?)
Come today, the 5th of Feb, and shock, horror, I haven't been paid :shocking:
What I want to know is how do I begin procedures to take the company to court? And also if I were to demonstrate my plans for court, but gave them the option of paying my wages plus a tidy sum more to go away, would that be illegal?
P.S They do NOT want to go through a court case for this. They do not pay any employee that leaves and if they were taken to court they would lose and at a minimum, would have to repay every penny owed to ex-employees, and would also lose their FSA regulation, meaning they could no longer sell over the phone, and therefore could no longer operate.
Following leaving I was informed by many people (ex-employees of the company) that said company do not pay people that leave their wages.
With this knowledge, I went to speak to the woman in charge of payment, who informed me this was all just rumours (I had spoken to many people DIRECTLY who had not been paid) and I would be paid on the 5th of Feb (apparently those who had left are paid a week later than everyone else due to P45 reasons...?)
Come today, the 5th of Feb, and shock, horror, I haven't been paid :shocking:
What I want to know is how do I begin procedures to take the company to court? And also if I were to demonstrate my plans for court, but gave them the option of paying my wages plus a tidy sum more to go away, would that be illegal?
P.S They do NOT want to go through a court case for this. They do not pay any employee that leaves and if they were taken to court they would lose and at a minimum, would have to repay every penny owed to ex-employees, and would also lose their FSA regulation, meaning they could no longer sell over the phone, and therefore could no longer operate.
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Comments
I would, however, give them the option of paying you rather than going into the courts, because it wouldn't be that great for you, either.
I know very little about the procedures in court......
I do know however that they are very much in the wrong, and that I have many people who will testify against them in court.
I'd expect it to be expensive, drawn out and fairly stressful. But I guess if that's your bag then there's nothing bad about it
I agree, going to court is usually a last resort, first thing i would say is send them a letter, recorded delivary asking for your overdue wages to be paid to yourself, keep a copy and send it recorded delivary and let them know it is the start of a greivance procedure,
Secondly, if I remember rightly, instead of court if you are still within six months of when your wages were due you can instead take them to a employment tribunural instead of court,
Best bet If I were you is to contact your local CAB office,
And, if you are offering them the chance to settle out of court, head the letter "without prejudice". If I am not mistaken, this warns the company that you are prepared to settle out of court, but are not forfeiting your right to legal action if they don't pay up.