I am going to copy and paste a letter I have drafted to my ex-employer, which gives a pretty decent summary of my situation.
He is witholding monies owed to myself and various other employees and suppliers.
Just to clarify the reference to qualification of services, this basically refers to his suggestions that a recent incident at his business was caused by my bad management, and I am reinforcing this is not the case, and that HE withdrew the necessary aspects to ensure quality service.
I really am not sure how to proceed, I don't want to send the letter until i have consulted a solicitor, but can't do that until Tuesday now, and am getting twitchy, it would be good to get an approximate understanding of where I sand in the eyes of the law.
"Further to our conversation today, I get the distinct feeling that I am being fobbed off with regards to my expenses and commissions.
Please be advised that I have a record of all our communications during my time with XXXXXXXXX, including the emails you sent confirming my salary and commissions, and percentage shares which never materialised, and the excuses you gave for not including me as a shareholder despite our verbal and written agreement.
I wish to point out that despite your so-called concerns that my credit rating would have been financially damaging to XXXXXXXXXX, I have since managed to form, finance and obtain banking for my own business. In addition, I have since learnt the relative ease of setting up additional shareholders, shareholders agreements etc, which you suggested were time consuming, difficult and hence the main reasons for the delay in giving me my agreed share of the business.
In addition, it is my understanding that as an employee of XXXXXXXX I was legally entitled to have received a contract of employment within two months of beginning my employment. In addition, I understand I am also entitled to holiday pay. It is my understanding that as you failed to deliver a contract of employment, and also co-erced me into working on a self-employed basis for the first few months, using the misguided excuse that I was a director and shareholder in your business, that I may be entitled to reclaim TAX and NI from the date I began work in June 2009.
I have 6 witnesses who are prepared to confirm that I strongly advised against stopping qualification of XXXXXXXX on the XXXXXXXXX campaign, and whom can confirm that despite my advice you suggested it was simply not a financially viable option for XXXXXXXX(him/his business) to undertake qualification.
I also have evidence of my expenses, the date they were emailed to you, scanned copies of each receipt, proof of delivery of those receipts and emails from you confirming you have received and would pay those expenses in due course.
I have no wish for things to be difficult between us, but am very distressed by your recent refusal to pay staff owed monies (including myself), as this was one of my few requests to you when we agreed to part company. Not only did you agree to this, but you also made quite a big song and dance about your integrity and good character, suggesting as a respectable employer/contractor you would never dream of witholding anyones pay.
I kindly request that you pay all monies owed to me, my full expenses and commissions for March 2010, no later than my standard pay date of the 1st of May. I understand payments take 3-4 days to clear, and next week there is a bank holiday. I will therefore wait until May 7th 2010 to receive monies owed to myself.
I trust that we can resolve this issue quickly and amicably without legal wranglings.
However, if I do not receive the money you owe me on or before the 7th of May, you will leave me with no option but to pursue you via the courts."