Quick question

[hammerman]

I know i'm a pain the backside but i really need your help again.

We're taking my wife's ex boss to the small claims court for non payment of wages. I filled out the papers and gave them in yesterday along with the �65 fee.

Unfortunately, they were sent back to us today saying that "it was unclear if i wanted to sue MRS Y or THE CARE HOME"

Mrs Y is the owner and as far as i'm aware, the sole trader of "THE CARE HOME"......so who the hell do i sue ?...the care home or the owner ?

(Names obviously changed)

I really need to get this back asap as the woman goes away for a month on 4th Nov so i've got to get the papers back tomorrow.

Please help.

Again...many many thanks

Andy

[bednobs]

not sure, but i would guess at her personally.

[Buenchico]

Assuming that your wife has, at some stage, received some pay from her employer, check what it says on the pay slip to see whether the employer is named as Stuffem Hall Care Home or Mrs E. Scrooge. Alternatively, if your wife was paid by cheque, what was the name of the account holder on the cheque? (If she was paid by transferring money directly into her bank account, look at the statement to see the name of the person/company making the payment).

If, at any point, there's an indication that the care home is a limited company, you should name the company on the paperwork. Otherwise, it shouldn't matter whether you name the care home or the proprietor, because their funds aren't legally separate. (If in doubt, use the name of the care home).

To check whether a company is 'limited', enter its trading name in the search facility here:
http://wck2.companieshouse.gov.uk/faea6524200d c9b91493e37261d658da/wcframe?name=accessCompan yInfo

Chris

[Peter Pedant]

or look at her contract

or look at the letter firing her

Singed Mrs Y or the Care Home

or look at the Care Homes or mRs Y's headed paper

or ask one of the other employees who they thinkare employing them

[hammerman]

<bows-downsmiley>

Thanks guys.

Well it doesn't seem to be a LTD company as i originally thought so as you say Buenchico, i will probably name her personally.

Big big thank you again

Andy

[~Wingnut~]

Hi!
Just wanted to say even tho I haven't contributed to any of your threads Hammerman, I have been following them with great interest and I hope your wife and you get the right end result here.
This woman is a bully and needs to get her just desserts.

Good Luck!!!! :o)

[ojread2]

What wingnut said

Been following your posts and really hope you hammer (!!haha) it home to this woman. It is because of people like yourself and your wife who go the extra distance and take foul employers to court that 'we' are able to put to rights some wrongs within the employment market

Chin up - onward and upward
ojx

[TheWinner]

Hi hammerman, I haven't seen any of your posts, but I would guess it would be Mrs. F Bloggs T/A (trading as) F. Bloggs Care Home. Also, if you have done the work, you have a legal right to your pay. Here are a couple of links for you. Good luck.

http://www.adviceguide.org.uk/index/life/emplo yment/rights_to_pay.htm

http://www.lawpack.co.uk/small_claims_faq.asp

[thugulike]

The Winner is correct. You should give her personal name and the name the company trades under.

[hammerman]

Unfortunately, the above answer came too late as the papers were handed in yesterday lunch time and served today. I named the care home as the "defendant"

However, the cheeky cow who owns the home has today sent us a cheque for �111...and not the �922 she now owes.

This is for just one weeks wages, minus �40 for the uniform (handed back 2 weeks ago) and minus �90 for "training". Now it doesn't state that "training" is refundable if my wife leaves in her contract.

This cow is really starting to test my patience. The cheque will be photocopied and returned to the care home.

meanwhile, i have been to the CAB and i have the draft letter to send the ex boss for a grievance for verbal abuse and possibly breach of promise.

Wish me luck guys and thanks to everyone for your continued support.

Andy