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Tight fisted boss wont pay up

subversplat said:
Surely it's down to the employer to deal with that PAYE stuff. If the worker wasn't claiming benefit too I don't see that they'd be in masses of trouble.

If you're getting paid and knowingly not paying tax then I think it's down to you to declare it. It's still tax avoidance isn't it?
 
Kanda said:
If you're getting paid and knowingly not paying tax then I think it's down to you to declare it. It's still tax avoidance isn't it?

She could say in the letter that she would rather get him done than worry about herself, or possibly that she has filed HER tax return.
 
my girlfriend had a similar problem in a resterant, but the boss kept faffinf or would "not be in" she isnt the most assertive type and gets fobbed of easily, basically they wanted her to give up. Me and a mate called over skpe pretending to be selling cheap catering recorded the conversation, cranked up the volume and heard said boss in the background. We went straight up and sent the missus to go ask for her. It was quite a smart place so me mate and i sat their looking scruffy, leering at dinners and the like. Boss "arrived" in 15 mins with the money,
 
subversplat said:
Surely it's down to the employer to deal with that PAYE stuff. If the worker wasn't claiming benefit too I don't see that they'd be in masses of trouble.

It is up to the employer to deduct PAYE and tax at source. If he isn't, the Compliance branch of the Revenue can make him pay it in arrears, via destraint if necessary.

Nothing to stop anyone tipping HMRC off anonymously!
 
there's only one thing to do in a situation like this get a jerry can fill it with water and a little and i mean a little lighter fluid so it has that parafin/petrol smell and then walk in and just start unscrewing the cap and sprinkling it all over the place...

you'll have you money before even having to take out the zippo... make sure you run and wear gloves so there's no figner prints... etc... by the time the old bill get there the small amount of lighter fluid will have evaporated leaving only the water...
 
the first thing should be to put it in writing. she should write a letter stating what she is owed, why and when she should have received it and that she hasn't received the money.

the reason for this is that if he doesn't pay she may have a claim for unlawful deduction of wages, because she will at least be a worker. before she can bring this claim she must raise a grievance in writing within 3 months of when she should have received the money. a grievance can be quite basic and does not need to include legal language, but if she doesn't first put her complaint in writing the tribunal would reject her claim.

hopefully she won't have to bring a claim, but at least once she's written she will be able to, and once she has done so she would have until 6 months from when she should have been paid to make the claim.

also by putting it in writing it makes it clear she's serious about what she's owed and isn't just going to forget it.

(by the way, the above advice ignores the tax situation. but it may be that if she starts to raise the issue of tribunal proceedings the owner will pay up, rather risk having things scrutinised in a public forum)
 
Kanda said:
If you're getting paid and knowingly not paying tax then I think it's down to you to declare it. It's still tax avoidance isn't it?
No. PAYE means the employee doesn't get any more than the employers' word for it that tax has been paid. They agree to work for whatever cash they get after tax, it's the employers problem if he decides not to pay the tax due. I very much doubt the IRS goes after individuals in these cases.

Cost my local pub a fortune when they got caught up with. If he doesn't cough up, she should just ask for a P45 so she can get a tax rebate sorted out. Should be hint enough. Grass him up first and she'll never get the cash.
 
Do the (non-violent) things suggested, including stuck record strategy--nuance being, covertly tape the exchange. This can be used at Employment Tribunal--I have successfully helped people do it twice. You can then ring up & play a bit of recording back to the employer--and for the inconvenience, don't settle for at least £100.
 
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