Hi, i was permanently employed with a body shopper and this happened. i was able extricate my p60 and p45, and i do not see that they are capable or willing to take this matter further legally. They have however withheld my payment for a month's salary saying this is to adjust against their financial loss plus have piled on a few extra false allegations which i can definitely prove wrong. Can i approach this matter legally through the claims court to extricate the unpaid salary? What are my legal options here?
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cut-n-paste from an earlier post:Originally posted by Sid View Post
Make a claim for unlawful deduction of wages.
Employment Tribunals Claim Form (ET1). Submit it online. Keep it factual and to the point. Your claim: Salary arrears from d/m/y to d/m/y. Amount £x. Remedy sought: payment of arrears as stated.
The employer gets sent a copy and must respond with ET3 within a certain no. of days.
They must deal with the court, not you.
If they fail to respond, or indicate that your claim is not resisted (i.e. they agree you are owed salary but are unable to pay), then the Judge should declare a default judgement and it won't go to a hearing.
Check your house insurance for legal cover and if you have it then make a claim now for legal representation on the assumption that it will go to a tribunal hearing even though it might not.
Once you have the judgement speak direct to the court enforcement officer and/or a debt recovery agency about pursuing the debt, in order to keep up the pressure - at this point it's up to you to make things happen.
Hopefully the company will just pay up when they receive the claim. They may let it go to judgement and then pay up.
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