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Unknown employment status from 1st March
ramenkid
Posts: 127 Forumite
Hi, I'm in a bit a sticky situation and wonder if anyone know how a company get round this and what should I do?
My employer is one company but they have different company names & registration numbers to divide the area of work (i.e XXX Group, then under the roof there are XXX Ltd, XXX Marketing and XXX IT). Everyone works here work were employed under "XXX Ltd" on the contract. In 2011, XXX Ltd went into Admin and made some staff redundant. The others got kept on are now employed by "XXX Marketing", but really we are still working for the same people and doing the same jobs with the same pay.
Fast forward 3 months later - on17th Feb 2012, we were told XXX Marketing might be creased trading on 29th Feb (less than 2 weeks verbal notice), and they mentioned 'crease trading' is different from 'in administration' like last time (2011), we would be able to claim statutory redundancy from govt. It doesn't sound like the company any money to contribute.
Yesterday we had a meeting again about redundancies. The reply was the the decision hasn't been finalised yet (but it's tomorrow!!), and we would be informed on the day of 29th if we are made redundant. Surely they must know what's coming and can't do keep this in dark till the very last day? We did receive a letter last week regarding on 'possible' redundancies and we would be informed in 'a few weeks time'. It's all very vague, but for us the staff it is clear to us they are gonna carry the business on under the trading name "XXX IT" after the 29th Feb. Maybe by law they are not allowed to tell us yet? 'Possible' redundancies looks like they will get rid of some people again to save money, but expect us to work through the next few weeks until they have a meeting with the creditors. In theory, our contract stops on 29th Feb because the company is creasing trade (99% will happen even though they said decision has not been made).
Where do we stand on this? There should be one month notice if they want to terminate employment, how does it work with them only told us on 17 Feb when the company is not being in trade on 29th? However, as yesterday the decision still wasn't made, so if we all lose jobs in XXX Marketing tomorrow, surely we should be able to claim an extra month wages as for the notice period (plus owed holidays & time in lieu) on top of the statutory redundancy pay?
I got an impression that whether we have a job or not on 1st March (for XXX IT I guess), we can still claim payment from govt because the company 'creases trade', not gone 'in admin'. Yet, we'll be employed by a new employer in theory.
If they are transferring us to XXX IT, would the company (same bosses) able to slash out pay & holidays (some of us have worked here for years and our annual holidays goes up if you serve 5+ years).
I have been working for this company for 5 years and 11 months, I guess I can only claim 5 years of service from govt even though I'm only one month away from 6 years? I'm very confused with all this, on top of that I am thinking I could be having no job after tomorrow!
Sorry for the long winded post, any comments/ advice will be appreciated. x
My employer is one company but they have different company names & registration numbers to divide the area of work (i.e XXX Group, then under the roof there are XXX Ltd, XXX Marketing and XXX IT). Everyone works here work were employed under "XXX Ltd" on the contract. In 2011, XXX Ltd went into Admin and made some staff redundant. The others got kept on are now employed by "XXX Marketing", but really we are still working for the same people and doing the same jobs with the same pay.
Fast forward 3 months later - on17th Feb 2012, we were told XXX Marketing might be creased trading on 29th Feb (less than 2 weeks verbal notice), and they mentioned 'crease trading' is different from 'in administration' like last time (2011), we would be able to claim statutory redundancy from govt. It doesn't sound like the company any money to contribute.
Yesterday we had a meeting again about redundancies. The reply was the the decision hasn't been finalised yet (but it's tomorrow!!), and we would be informed on the day of 29th if we are made redundant. Surely they must know what's coming and can't do keep this in dark till the very last day? We did receive a letter last week regarding on 'possible' redundancies and we would be informed in 'a few weeks time'. It's all very vague, but for us the staff it is clear to us they are gonna carry the business on under the trading name "XXX IT" after the 29th Feb. Maybe by law they are not allowed to tell us yet? 'Possible' redundancies looks like they will get rid of some people again to save money, but expect us to work through the next few weeks until they have a meeting with the creditors. In theory, our contract stops on 29th Feb because the company is creasing trade (99% will happen even though they said decision has not been made).
Where do we stand on this? There should be one month notice if they want to terminate employment, how does it work with them only told us on 17 Feb when the company is not being in trade on 29th? However, as yesterday the decision still wasn't made, so if we all lose jobs in XXX Marketing tomorrow, surely we should be able to claim an extra month wages as for the notice period (plus owed holidays & time in lieu) on top of the statutory redundancy pay?
I got an impression that whether we have a job or not on 1st March (for XXX IT I guess), we can still claim payment from govt because the company 'creases trade', not gone 'in admin'. Yet, we'll be employed by a new employer in theory.
If they are transferring us to XXX IT, would the company (same bosses) able to slash out pay & holidays (some of us have worked here for years and our annual holidays goes up if you serve 5+ years).
I have been working for this company for 5 years and 11 months, I guess I can only claim 5 years of service from govt even though I'm only one month away from 6 years? I'm very confused with all this, on top of that I am thinking I could be having no job after tomorrow!
Sorry for the long winded post, any comments/ advice will be appreciated. x
0
Comments
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Ask them why this is not a TUPE transfer for those they keep.
As they are related companies under a group it might just be continuous employment0
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