SERIOUS Employment Issues

mcmcmcmc5

Hey there,

I'm hoping that somebody here can shed some qualified light onto my current situation.

I have been working for a company, lets call them MB, for 6 months. They have recently told me that they are filing for bankruptcy. They have now set up a new company to trade under. We still work in the same premises. The sector is retail.

The issue I have is that they have told me that my next wage package will not come from the company, it will come from the administrators. This will take up to 6 weeks - if it is decided that the government should even have to pay my wages.

I still work for the company, and this would put me into a cash flow difficulty.

I have already spoken to ACAS and to the receivers about this.

Is this infact legal, and is there anything I can do to ensure that I get paid my wages on time?

Thanking you in advance for your kind help and advice,

Humphrey

1984ReturnsForReal_2

mcmcmcmc5 wrote: »

I have already spoken to ACAS and to the receivers about this.

What did they say?

mcmcmcmc5

Thanks for the reply.

They all said that I have to fill out a redundancy payments form: Claim for payments from the national insurance fund.

They say that they form will be processed in 3 - 6 weeks but because the company has just closed down, and re-opened under another name, the people that process the form may deem the company liable to pay the wages. The company director said that they wouldn't pay them however.

The gross unfairness of this situation is that the company has closed down, and immediately re-opened under a different name, so I am still employed by the same shop, and the same management, just under a different legal entity.

Surely there must be a way to obtain my wages other than having to wait 6 weeks?

1984ReturnsForReal_2

Apart from walking your boss to the cash point machine there is not a lot you can do.

I would think that the administrators might pay the wages & then knock of the MDs door to get them to pay or do a short prison term?

Unless the owner has paid a sum to the administrators for the assets or the company (staff, computers, databases, furniture etc etc) they should deem them liable.

Companies go bust all the time but there is a difference on how some go about things. Legal & illegal.

mcmcmcmc5

What would be the legalities of taking my wages from the till?

Mudd14

um......Theft?!

mcmcmcmc5

But they owe me my wages.

Googlewhacker

No the other company owes you your wages, why are you still working for them?

mcmcmcmc5

It is exactly the same personal, the same management, the same ownership, the same building, the same everything, they have just opened a new business name as a legal entity.

So can I not just take my wages from the till as it is the same folks who owe me? But under a different legal guise?

MrRedundant

mcmcmcmc5 wrote: »

It is exactly the same personal, the same management, the same ownership, the same building, the same everything, they have just opened a new business name as a legal entity.

So can I not just take my wages from the till as it is the same folks who owe me? But under a different legal guise?

All perfectly legal. Fairly common for a company to be sold on without its liabilities and then the original company administrated.

Im afraid all you can do is take the money from the fund.

mcmcmcmc5

Disgusting behaviour. Thanks for your advice guys.