Cash Wage Dispute
The client is facing an issue with unpaid wages after the abrupt closure of an establishment where they were employed. They worked on a cash basis and are currently on an international student visa. The employer has not provided the owed salary following the establishment's shutdown. This situation relates to both employment and unpaid wage matters.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps should I take to recover my unpaid wages given that I worked for cash?
To recover your unpaid wages, first gather any evidence of employment, such as emails, messages, or witnesses. You can then approach your former employer informally to request payment. If this fails, consider filing a claim with an employment support organization, who will assist in early conciliation before you progress to an Employment Tribunal. Note that working for cash doesn't negate your entitlement to wages, but without formal documentation, witness statements or other evidence may be crucial. Also, consider consulting a local advice bureau for guidance specific to your visa status.
Are there any legal protections available to me as an international student working in the jurisdiction?
As an international student, you have certain protections under employment law. Regardless of your visa status, you are entitled to the same rights as local citizens, including the right to be paid for work performed. It's illegal for employers to withhold wages, and you can bring a claim for unpaid wages in the Employment Tribunal. Additionally, the minimum wage applies to you, and you should be paid at least this amount.
How does the closure of the establishment affect my rights to claim unpaid wages?
The closure of the establishment does not absolve the employer of their responsibility to pay you any wages owed. Under employment law, you are entitled to claim unpaid wages even if the business has closed. This remains true regardless of your working arrangements (such as being paid in cash). Restaurant closure does not negate your right to payment for work already completed. However, if the employer has gone into insolvency, you may need to claim through the appropriate services.
What evidence or documentation would strengthen my claim for the unpaid wages?
To strengthen your claim for unpaid wages, gather any evidence of your employment and work hours. This could include: 1. Written Correspondence: Emails or messages with your employer discussing work schedules, duties, or payment. 2. Witness Statements: Testimonies from colleagues or customers who can confirm your employment. 3. Work Schedules: Copies of rosters or shift schedules. 4. Bank Statements: Any bank records showing cash deposits that align with payment dates. 5. Work-Related Documents: Any payslips or job advertisements. Documenting all communication with your employer regarding your unpaid wages is also crucial.
Are there any time limits for pursuing a claim for unpaid wages in the jurisdiction?
Yes, in the jurisdiction, you have up to three months minus one day from the date your wages were due to lodge a claim at the Employment Tribunal for unpaid wages. This time limit is strict, and claims can be dismissed if you miss it. If the establishment closure delayed your ability to claim, you may seek to extend the deadline, but this is typically challenging.
