What are my rights? Dismissed after only two days

Noospheric

Hi Guys,

Having lots of issues with employment.

I got a 3 month contract in May with the view to keep me on and increase me wages after a probation period. The company has had a lot of issues, 3 members of staff (everyone but me and the director) walked out 6 weeks into my employment, not to return.

I stayed with the company and a few weeks later we recruited a new member of staff. On my last day of employment, I was told that the company was closing down but I would be taken on by a new company the director was setting up with the newest member of staff that was recruited. This was not a name change but a completely new company they were setting up.

The first day of working for this company the director of the previous company didn't come in. The second day, neither directors came in. After a lot of calling/texting/emailing, I was eventually told to go home and I would be called the day after. I wasn't called, so I rang to find out what was going on. I was told there wasn't enough money to pay my last months wages that I was owed from the previous company. Neither was there enough cash flow to keep me on.

I have already been through an employment tribunal with another company I had issues with last year and am about to start the process again, addressing a grievance letter to both companies. But where do I stand with the new company?

I was employed for two days without a contract (but I do have a witness to the verbal agreement of employment under the new company) and then just told to go home.

Can the grievance and employment tribunal (should there be one) go against both of the companies?

Once again, advice greatly appreciated. Losing a tough battle here.

Vader123

Unless you can prove your dismissal was on grounds of discrimination (disability, gender, age etc) then you have no employment rights and can be dismissed (up to 12 months service) for any reason (or not given one).

The wages are another issue. How much wages are you owed?

Vader

Noospheric

I'm owed one months wages - roughly £900.

So they can just say "go" if they want to and that leaves me with no rights? I am having to sign on again because I was assured my job was safe.

Does this mean my grievance can only be with the previous company? The director is sitting happy knowing he closed the first company down and got rid of a lot of bad news at the same time. He also knows an employment tribunal I have been through in the past led to me receiving nothing despite the tribunal awarding me the right to thousands of pounds.

Uncertain

Noospheric wrote: »

I'm owed one months wages - roughly £900.

So they can just say "go" if they want to and that leaves me with no rights? I am having to sign on again because I was assured my job was safe.

Does this mean my grievance can only be with the previous company? The director is sitting happy knowing he closed the first company down and got rid of a lot of bad news at the same time. He also knows an employment tribunal I have been through in the past led to me receiving nothing despite the tribunal awarding me the right to thousands of pounds.

If you can prove that the firm agreed that your terms of employment included a right to one month's notice then you can bring a claim for this. You accrue paid holiday during this time so that adds a couple of days.

Beyond this (assuming there is no discrimination) then you employment rights are limed to say the least.

Unless special terms were offered or a minimum period of employment agreed (very unusual in "normal" jobs) they can pretty much terminate for any reason. Even if there were such terms this would have to be a court claim for breach of contract rather than an employment tribunal.

Vader123

Noospheric wrote: »

So they can just say "go" if they want to and that leaves me with no rights?

Yes.

For the wages I would enter into a ET, but also look at the small claims route.

Vader

dmg24

Vader123 wrote: »

Yes.

For the wages I would enter into a ET, but also look at the small claims route.

Vader

Yep, I would go small claims, much simpler and usually much quicker too. However, if the wages have not been paid because there is genuinely no money (and that is a big if!), I would question whether it was worth doing anything.

paulwf

You need to go onto Companies House and find out the status of the company that owes you money. It sounds like the classic case of liquidate one company then set up a new one overnight.

If the previous company did go into administration you'll need to be added to the list of creditors. AFAIK an employment tribunal or small claims wouldn't work if the company is in administration, although I'll leave that question to the experts.

Noospheric

Thanks all.

I had to go to an ET with a previous employer and am still not at the end of that despite it being almost a year today since I wrote the grievance letter for that company.

I don't know about the small claims procedure so will look that up now. I do want this resolved as soon as possible though.

I have looked up the company on companies house (been making myself at home on that site lately) and they are not in liquidation, however, accounts are overdue so I imagine they will just let the company run until they are struck off. Furthermore, the company's registered address is in London yet the company in question is nowhere near there and they definitely have no offices in London. Does that matter?

LittleVoice

Noospheric wrote: »

Furthermore, the company's registered address is in London yet the company in question is nowhere near there and they definitely have no offices in London. Does that matter?

It's probably the address of an accountant or other organisation which set the company up (and has duties to act as a company secretary perhaps?) It matters in that if you want to serve papers on the company you should do so at that address.