SERIOUS Employment Issues

danothy

mcmcmcmc5 wrote: »

Disgusting behaviour. Thanks for your advice guys.

You're right, taking money from the till would be disgusting behaviour.

Hammyman

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?

No because that belongs to the new company, not the old so as has been said, its theft.

getmore4less

Ask the admministrator why they have not TUPEd you along with the assets?


Standard dodgy phoenix company to offload debts.

1984ReturnsForReal_2

getmore4less wrote: »

Ask the admministrator why they have not TUPEd you along with the assets?


Standard dodgy phoenix company to offload debts.

& wages paid by my tax money......

mcmcmcmc5

@Danothy

danothy wrote: »

You're right, taking money from the till would be disgusting behaviour.

Actually what I referred to as being disgusting was the company not paying its employees i.e. me for a months work.

@Getmore4less

What do you mean by TUPED?

1984ReturnsForReal_2

mcmcmcmc5 wrote: »

What do you mean by TUPED?

Transferring all you legal rights & continuation of employment from one company to another.

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. It's as if their employment contracts had originally been made with the new employer. Their continuity of service and any other rights are all preserved. Both old and new employers are required to inform and consult employees affected directly or indirectly by the transfer

http://www.acas.org.uk/index.aspx?articleid=1655

mcmcmcmc5

In some respects this has been done. I am working for the new company under the same role as if nothing has happened. But they have refused to pay my last months wages, saying that they will have to come from a redundancy payout from the liquidation of the previous company.

Would the TUPE infact mean that they would have to pay me my last months wages?

paddedjohn

Do you lose any holidays you have accrued?

Incyder

This reminds me of POWERHOUSE, remember them ?

A store like Curries.

They went bust and re-opened a week later called POWERHOUSE (prg)

Plenty of angry customers lost their deposits on wedding presents such as fridge freezers.

Anyway, the new prg version went bust within a year and they are now dead.

Best take what you can whilst you can.

getmore4less

mcmcmcmc5 wrote: »

In some respects this has been done. I am working for the new company under the same role as if nothing has happened. But they have refused to pay my last months wages, saying that they will have to come from a redundancy payout from the liquidation of the previous company.

Would the TUPE infact mean that they would have to pay me my last months wages?

I htink the liability gets transfered under TUPE so yes they should pay
You would also get continuity of employment for future redundaccies.


Take legal advice.(ACAS house insurance) to see if case for a TUPE transfer is worth taking up with an ET.