Made redundant while on holiday

monkeyfish9272

Hi i was made redundant last week while on a weeks holiday leave.Was told cleaning company had lost contract so was no longer work available.Now manager isnt paying me for the 2 days of work i did and my holiday pay she isnt answering her mobile or answering texts,they usually put money straight into bank on a Friday night
What are my rights?I have only worked there for 6 months but left 2 jobs to get this job.

Advise appreciated please

markandkate

As yo haveless than 2 years service yoyu have no right to a redundancy payment yo are however entitled to the monies that you are owed for work that you have done. if you cannot get hte money then you could go to an employment tribunal but you will need more than a mobile number to be able to issue any kind of proceedings. if you have an address write asking for all the money that you are entiteld to and send it recorded delivery or get a reciept for it. if the company has appointed receivers thatn you may be able to make a claim from the National Insurance Fund

jazzyman01

If the Company lost the cleaning contract then someone else must have taken it over. You are therefore eligible to transfer under TUPE.

If you cannot get in touch with the Company that you worked for - ie send a registered letter to their address - then speak to the Company that your employer asked you to work for. Ask them for the details of the new contractor and contact them. You should do this as quickly as possible. Even if your old company has terminated your contract you could still have a claim against the new one as they should have contacted you about TUPE transfer.

jdturk

jazzyman01 wrote: »

If the Company lost the cleaning contract then someone else must have taken it over. You are therefore eligible to transfer under TUPE.

If you cannot get in touch with the Company that you worked for - ie send a registered letter to their address - then speak to the Company that your employer asked you to work for. Ask them for the details of the new contractor and contact them. You should do this as quickly as possible. Even if your old company has terminated your contract you could still have a claim against the new one as they should have contacted you about TUPE transfer.

How does that work, I read it as a completly differant company quoted for the work that the OP was doing and as such took the business from the OP's business.

Have you got a link I can read coz this is quite interesting.

thanks

goRt

jdturk wrote: »

How does that work, I read it as a completly differant company quoted for the work that the OP was doing and as such took the business from the OP's business.

Have you got a link I can read coz this is quite interesting.

thanks

He's (jazzyman01) correct - Transfer of Undertakings, Protection of Employment - what is says on the tin, the UK's enactment of the Acquired Rights Directive.
This was designed to stop companies undercutting work as they didn't have incumbent staff liabilities - you will transfer to the winner of the contract on your existing terms of employment (don't let them push you to reduce any benefit) and it's their responsibility to employ you or pay your redundancy.

A very handy bit of law for the employee and for those of us who have to tender for existing work against lower cost locations

jdturk

How is this any differance to two electrical companies quoting for a maintenance contract and one beating the other for the job? I take it that it could only be tuped if that was the only aspect of the employment?

goRt

jdturk wrote: »

How is this any differance to two electrical companies quoting for a maintenance contract and one beating the other for the job? I take it that it could only be tuped if that was the only aspect of the employment?

If this is existing work, then TUPE applies.
If this is new work then it does not

There are a number of criteria (tests) that need to be met to see who is and isn't 'in scope' of the regulation.

Go and see a solicitor who is experienced in this area urgently

jdturk

goRt wrote: »

If this is existing work, then TUPE applies.
If this is new work then it does not

There are a number of criteria (tests) that need to be met to see who is and isn't 'in scope' of the regulation.

Go and see a solicitor who is experienced in this area urgently

You learn something new every day