Lied to, made redundant and absolutely peed off...

Nishka

Hiya

I don't think I have a leg to stand on but wanted to sound things out really...

3 months ago I left a relatively stable job to become a senior manager with a marketing agency. At my interview, the director (owner) told me that it was thriving and they had lots of clients and I would be in line to become account director.. basically he said he wanted to go and set up another office overseas and he wanted me to be able to stay and run the Uk one.

So i jumped at the chance. My salary was £28k ... however soon after I started I felt things weren't right... there didn't seem to be alot of work about and they only seemed to have one main client..

However, they were (they said) keen to grow the business so I thought I would go along with it, despite the fact they wouldn't let me talk directly to any clients or do anything without them approving every last comma and full stop... (bitter, me?)

It became apparent during this time that one of the other girls (it's only a small company - 12 people) had also been given the same interview speech as me!! - This could have been healthy competition but with no clients and everything else, we were all beginning to feel we had been lied to.

For the past couple of weeks, neither of the directors (him and his wife) have been in at all... SO none of us have had any work to do. Then he came in on Friday and told us we are all being made redundant. He says he's lost his only main client and he's going to run the company with just him and his wife and the designer for the time being..

So about 9 of us are being made redundant.

My question is this...

I have only been there 3 months - he says he will pay me my salary for this month on Friday and 1 weeks pay. I have 9.5 days of holiday that I haven't taken - is he obliged to pay this?? I had 5 days of the holiday booked for Aug but obviously I am being made redudant now so does this count??

Also, considering the bare faced lies he gave to both me and the other girl can we claim anything for this??

Any help much appreciated... even if it's to say nope!!

Thanks xx :A

zzzLazyDaisy

Hi, commiserations, I am really sorry to hear about your bad luck.

Unfortunately as you have less than a year's service you have very little protection under the law. You have no come-back for being misled, as the employer is entitled to terminate your employment by giving you contractual notice.

Did you have a written contract of employment (by law you should have received one within 8 weeks of starting work). Statutory notice in the first year is 1 week, unless your contract gives you a longer notice period. As Senior Marketing Manager, it would be fairly usual to have a month's notice in the contract, so that's worth checking.

You are entitled to be paid for any holidays that have been earned but not taken at the date your employment terminates, and this money should be paid to you through the payroll with your last month's wages. It will be subject to tax and NI in the normal way.

Your contract may state that you must take any holidays during the notice period, but from what you say, your employment was terminated immediately, and you are not expected to work your notice - is that right? If so, your notice may be paid in a lump sum without deduction of tax and NI, unless the contract expressly states that the employer reserves the right to make a payment in lieu of notice instead of giving contractual notice, so that's worth checking too.

Do post again if you have any more questions, and good luck in finding another job.

Daisy

xx_Jo_xx

You wont be able to claim any redundancy payment as you havent been there long enough, but I am pretty sure you should be entitled to your holiday pay.

You are also entitled to apply for compensation for not being given any notice.

I was made redundant on Friday, so this is how I know these are the statutory rules. Luckily for you, you have or are being paid. I didnt even get my salary....

reheat

Nothing constructive to offer I'm afraid. There are some real "aerosols" around.

The only bitterness-recovery pill I can offer is this. This guy's business is obviously going down the pan, no doubt partly due to his craappy attitude to people and the world generally. Poetic justice. You will win through this in the end, but people like that are always losers, always their own worst enemy.

All the very best.

Nishka

Thank you all very much for your support and comments.. My contract is very short and not very helpful but I will go through it bit by bit and see what I can recover.

Thank you so much x

Marsh_Samphire

Didn't want to read and run. Jo's right - at least he is going to pay you for the month and as you've been there such a short time you won't get statutory redundancy anyway. The exact same thing happened to me a few years ago when I worked for a design & marketing company, they just came in one day and told us all to leave. They took all the computers back to their home and carried on under a new name. It sucks but there is nothing you can do except pick yourself up and move on. I hope you find another job soon. xxx

zzzLazyDaisy

xx_Jo_xx wrote: »

I was made redundant on Friday, so this is how I know these are the statutory rules. Luckily for you, you have or are being paid. I didnt even get my salary....

Speak to ACAS (number in the phone book) if the company has gone under you can claim lost wages/notice etc from the government compensation scheme (subject to limits)

cmar_2

Really sorry to hear about the way you have lost your job. You are entitled to be paid for holiday not taken to date, not holiday booked next month. The holiday pay should be included in your wages and you will pay tax and NI on it. They should pay you lieu in notice 1wk, unless your contract says a longer time, this should be tax free if under 30k.