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The company I worked for have not paid my last pay check or owed hol pay.

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Scotters | 10:31 Fri 30th Oct 2009 | Law
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I left a company in August who I worked for, for over a year. I recieved my final payslips (PAYE) One is dated 02/08/09 (final weekly pay) and the other 09/08/09 (holiday pay) They have not paid me, and continue to ignore my phone calls and letters. What can I do? I heard that there's a tribunal service I can use but I must be within 90 days, and that time is fast running out. Any help would be appreciated. Thanks.
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You can make a claim to Employment Tribunal under The Wages Act. You need to do this quickly or you will be out of time. You could also go to County Court, Not sure of the time scales for CC. Buildersmate would know. You need to fill in an ET1 for tribunal.
Yes, buildersmate is the person you want.
Were you normally paid by bank transfer to your bank account? Are you saying the money from the last two payslips has not been paid into your bank account?
Did you work your notice? If not, maybe they are witholding the pay for that reason?
Is it a well known major company or a small business?
Did they deduct tax/NI on your payslips? I think HMRC would be interested if they deducted tax/NI but never paid you.
Good luck.
I reckon it is covered by s13 of the Employment Rights Act - you can read it here, if need be. This is about Rights not to suffer unauthorised Deductions.
http://www.opsi.gov.u...18_en_3#pt2-pb1-l1g13

The remedies under this Act are contained within s23 - Complaints to Tribunals - so talk to the ET people now. You are right about the 3 months limit for making a claim.
All of the points that factor makes are true.
Also, if your last pay week was 2nd August (a Sunday, so your last day was Friday 7th), check that they haven't deducted NI on your holiday pay if they chose to put that through in the following week's payroll run - its more than likely the system would deduct NI automatically. You do have to pay income tax on holiday pay, but you only pay NI for the weeks you worked - i.e. until 7th August.
You can download the ET Forms here. Good luck.
http://www.employment...nce/formsGuidance.htm

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