Donate SIGN UP

Shortfall In Wages

Avatar Image
albaqwerty | 10:36 Thu 10th Sep 2015 | Law
14 Answers
job offer was £x per hour less 20% tax (self employed)
wages were short by quite a considerable amount, after various emails promising to get it sorted for the next pay run, which never happened, it turns out that the work done wasn't enough, but no complaints about the quality of work which was first class.
This is in Scotland and a tradesman we're talking about btw :)
I'd love to bad mouth the Company in question but slander is slander and libel is libel, but only if it's false.

Gravatar

Answers

1 to 14 of 14rss feed

Best Answer

No best answer has yet been selected by albaqwerty. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Is there a question here?
Question Author
pardon me big style for forgetting the blooming point of AB.

What can be done about getting the difference?

there, that's the question, happy now? )ooh, 2 questions for the price of one)
And here's a third:

If you are self-employed why are the people paying you for your work deducting income tax from the payments they make to you? As a self-employed person you are responsible for making those payments yourself.

Sounds like the only way to resolve this if it cannot be sorted ny negoriation is to take them to the small claims court (or whatever the equivalent is in Scotland). But I'd get the tax question sorted as well because it may be that they are deducting tax from you when they should not and you (if you have declared yourself as self employed to HMRC) will be paying it again at the end of the year.
Like NJ, I'm completely mystified as to how a company could be deducting PAYE tax from a self-employed worker.

However, as he's indicated, when someone fails to pay you the money that they owe you, your only available course of action (other than of the sort involving a couple of big guys with baseball bats) is to seek a court order:
https://www.scotcourts.gov.uk/taking-action/small-claims
Question Author
Thank you NJ

I've no idea about any new changes or any changes in self-employment over the past 20 or so years. You give them your UTR number.

It's only a small amount, spread over 9 days, and Mr Alba did say about small claims court last night.

This lot are not an 'umbrella' company and that's new to Mr Alba as well. Dear lawd, folk go to work, expect payment for what they do and get short-changed these days it would seem. Anyhoo, -

I've found a lot of useful info on CAB (Scotland) and will use that info to encourage them to pay the shortfall- they are a Limited company Frequently advertised for joiners on a certain website, and you may gather I am really quite irked about the whole situation.
Question Author
Thank you Chris
You weren't there when I was typing lol (How's the kittens/cats? Steve brought me home a wee birdie this morning -ugh)

The laws these days on emlpoyment are really confusing me - are you an employee/self employed or what - instead of simplifying seems it's more confusing.
It is not confusing, if you are an employee the employer pays your tax via PAYE and deducts NI.
If you are self employed you get paid without tax /NI deducted and have to pay your own tax and NI.
You can only be one or the other.
The clue is in the word "joiner". Smells like the Construction Industry Scheme to me. Self-employed people get their tax and NI deducted by contractor. Done donkeys years ago, to prevent wholesale evading that previously happened.
My memory is vague but I believe Dogsbody has it right.
The firm my husband works for deducts tax for the self employed. They have to have a UTR number so they can deduct the correct amount.
I do not speak with forked tongue.
Off topic (but asked for):

I doubt that I'll see the mother cat (Patches) again, Alba, as she's been missing for over two months now :(

However the four junior cats are definitely still as happy, health and bonkers as ever (if not more so!)

Thank you for asking ;-)
Eddie, New Judge and Buenchico are all incorrect here and for at least two of them that's a first. Obviously none of them have heard of the IR35 regime.
Way off topic here, but, Hi Alba, hope you are well. Keep yer chin up girl.

1 to 14 of 14rss feed

Do you know the answer?

Shortfall In Wages

Answer Question >>