Employer has died

febe1724

I wonder if someone can give me some help please

For 12 years I have worked for the same boss, during that time he has liquidated companies and moved us over to the new company saying we weren't due redundancy as we had had no break in service. In july he moved us (unbeknown to us 5 employees) to another company that is in his step daughters name (she is down as director) I did know he was planning on closing the company but didn't know he had moved us until just before he passed away suddenly in september. He has left everything to his wife and now this company is failing (as there is no one really running it) and I think last week was possibly the last wage I will get (i work in the office so know whats in the bank) His son worked there as an employee but has left to start his own business and his daughter worked there unpaid just to do the wages, they have now left saying they dont want anything to do with the company as its his wifes business now (who is not there mother and there is a lot of animosity between them) and she is saying she knows nothing about business so what can she do!! A liquidator has just been appointed to close the company that he has moved us from but will my service be carried across to this company seen as we were moved in july and its now november (as far as I am aware we were originally tupe'd across to the company that is now been liquidated ) and as there is no money for wages what are my options, I don't want to just leave if I am due any holiday pay or redundancy but don't want to go in to work if Im not going to get paid and as his daughter is saying she isn't coming back then there is no one to even give us p45's. The other employees have only been in casual as there is no work which just leaves me in the office of a company with no work and no one in charge?!?

Basically what are my options and what am I entitled to?

cgk1

Just to make it easier for people:

I wonder if someone can give me some help please

For 12 years I have worked for the same boss, during that time he has liquidated companies and moved us over to the new company saying we weren't due redundancy as we had had no break in service.

In july he moved us (unbeknown to us 5 employees) to another company that is in his step daughters name (she is down as director) I did know he was planning on closing the company but didn't know he had moved us until just before he passed away suddenly in september.

He has left everything to his wife and now this company is failing (as there is no one really running it) and I think last week was possibly the last wage I will get (i work in the office so know whats in the bank).

His son worked there as an employee but has left to start his own business and his daughter worked there unpaid just to do the wages, they have now left saying they dont want anything to do with the company as its his wifes business now (who is not there mother and there is a lot of animosity between them) and she is saying she knows nothing about business so what can she do!!

A liquidator has just been appointed to close the company that he has moved us from but will my service be carried across to this company seen as we were moved in july and its now november (as far as I am aware we were originally tupe'd across to the company that is now been liquidated ) and as there is no money for wages.

What are my options, I don't want to just leave if I am due any holiday pay or redundancy but don't want to go in to work if Im not going to get paid and as his daughter is saying she isn't coming back then there is no one to even give us p45's.

The other employees have only been in casual as there is no work which just leaves me in the office of a company with no work and no one in charge?!?

Basically what are my options and what am I entitled to?

moneyistooshorttomention

As I recall, there is a government scheme that will pay out redundancy money due to employees if (for whatever reason) the employer cant or wont.

Guess that's the first step - ie to google to find out how much redundancy pay your length of service and age entitle you to. Then find out how to tap into this government scheme to ensure you are paid that money.

Good luck.

Johno100

moneyistooshorttomention wrote: »

As I recall, there is a government scheme that will pay out redundancy money due to employees if (for whatever reason) the employer cant or wont.

Guess that's the first step - ie to google to find out how much redundancy pay your length of service and age entitle you to. Then find out how to tap into this government scheme to ensure you are paid that money.

Good luck.

Yes there is a scheme, BUT the company (or sole trader employer) has to be in formal insolvency proceedings before the OP can take advantage of that. If they just shut up shop and walk away it can be next to impossible to get what you are owed.

Johno100

febe1724 wrote: »

I wonder if someone can give me some help please

For 12 years I have worked for the same boss, during that time he has liquidated companies and moved us over to the new company saying we weren't due redundancy as we had had no break in service. In july he moved us (unbeknown to us 5 employees) to another company that is in his step daughters name (she is down as director) I did know he was planning on closing the company but didn't know he had moved us until just before he passed away suddenly in september. He has left everything to his wife and now this company is failing (as there is no one really running it) and I think last week was possibly the last wage I will get (i work in the office so know whats in the bank) His son worked there as an employee but has left to start his own business and his daughter worked there unpaid just to do the wages, they have now left saying they dont want anything to do with the company as its his wifes business now (who is not there mother and there is a lot of animosity between them) and she is saying she knows nothing about business so what can she do!! A liquidator has just been appointed to close the company that he has moved us from but will my service be carried across to this company seen as we were moved in july and its now november (as far as I am aware we were originally tupe'd across to the company that is now been liquidated ) and as there is no money for wages what are my options, I don't want to just leave if I am due any holiday pay or redundancy but don't want to go in to work if Im not going to get paid and as his daughter is saying she isn't coming back then there is no one to even give us p45's. The other employees have only been in casual as there is no work which just leaves me in the office of a company with no work and no one in charge?!?

Basically what are my options and what am I entitled to?

OK, first thing to be clear on is that the inheritance rules are irrelevant here. The step daughter (who I assume is the same one who does the books?) is the director (I assume sole director) so regardless of her dad/step dad dying she is still responsible for the affairs of the company, not mom.

The ideal solution here for you and your fellow employees would be for the daughter to instruct the liquidator, who they have already approached to deal with the affairs of the 'old' company, to also liquidate your employer (the new company). Then you could claim for what you are owed from the aforementioned government scheme.

But the question is does the daughter or the company have any money or company assets to pay for the liquidation process and also have a will to do so?

getmore4less

serial phoenix and a new company that even the director is unaware of(so they say)

Either seriously bad business person or has been squirreling money.

Is there any business to salvage by the employees or is it the end of the road?

CKhalvashi

I agree there's something really dodgy going on here.

TUPE would apply for previous transfers, so in the case of insolvency there would be a claim against the government.

If in the case of the company not going through formal insolvency proceedings, the claim would be against the company, however it would depend on exactly which company owns what, as to what assets will be available for the liquidator.

Is there any chance of a buyout etc?

cazziebo

CKhalvashi wrote: »

Is there any chance of a buyout etc?

Can't make out if it's just one employee (OP) or 5 employees (first sentence)? And if there's no work, a buyout wouldn't be sensible.

The daughter could resign as a director and may already have done that. If the wife is sole shareholder then she is the one who decides what to do. However, if he only died in September, it's quite likely that has not yet been sorted and the shares will not have been transferred.

It does sound a mess. Does the company have an accountant who submits annual returns etc? That might be your best bet to make some sense out of this. Or, if the business was a member of an organisation such as the Institute for Family Businesses, or Federation of Small Businesses, they provide legal advice and although not likely to give comprehensive help, might be able to give some pointers on next steps.

OhReally_2

febe1724 wrote: »

I wonder if someone can give me some help please

For 12 years I have worked for the same boss, during that time he has liquidated companies and moved us over to the new company saying we weren't due redundancy as we had had no break in service. In july he moved us (unbeknown to us 5 employees) to another company that is in his step daughters name (she is down as director) I did know he was planning on closing the company but didn't know he had moved us until just before he passed away suddenly in september. He has left everything to his wife and now this company is failing (as there is no one really running it) and I think last week was possibly the last wage I will get (i work in the office so know whats in the bank) His son worked there as an employee but has left to start his own business and his daughter worked there unpaid just to do the wages, they have now left saying they dont want anything to do with the company as its his wifes business now (who is not there mother and there is a lot of animosity between them) and she is saying she knows nothing about business so what can she do!! A liquidator has just been appointed to close the company that he has moved us from but will my service be carried across to this company seen as we were moved in july and its now november (as far as I am aware we were originally tupe'd across to the company that is now been liquidated ) and as there is no money for wages what are my options, I don't want to just leave if I am due any holiday pay or redundancy but don't want to go in to work if Im not going to get paid and as his daughter is saying she isn't coming back then there is no one to even give us p45's. The other employees have only been in casual as there is no work which just leaves me in the office of a company with no work and no one in charge?!?

Basically what are my options and what am I entitled to?

I too am completely confused, as I would presume you are too.

e.g. How can you not know which company you work for?
It's be stated in your Contract of Employment. That cannot be changed without your agreement.
It is also normally stated on your payslip given to you every time you are paid, as the comapny is responsible for paying to HMRC NICs & NI

Also you claim to work in the office with access to the company bank account (or at least view it)
Therefore you should be in no doubt which company is paying you (assuming the bank account you refer to is that of the company that employs you, and you have access to see all bank account details of that company)

You also say a liquidator has been appointed. Well you presumably don't work for whatever company that has been appointed for, else you would no longer be there!

I suggest therefore you take whatever documentation and other information you have and go and seek independent legal advice ... or even possibily the CAB as a start.

You admit your employer has on more than one occassion liquidated companies you originally were employed with and moved you to other companies, so the writing has been on the wall for a long time.
I don't understand why you are still there. I would suggest you concentrate your efforts now finding yourself a new job.

In the meantime, you asked what you are entitled to.
Read this which explains
https://www.gov.uk/your-rights-if-your-employer-is-insolvent/overview

jackyann

I agree tht this sounds very confusing, but I sympathise as it does seem to happen in odd situations such as the company you are / were working for.
I second taking all documentation to CAB, or Community Law Centre - whatever you have locally. I assume you are not in a union as you would have been to them first?
Also consider legal advice (possibly covered by insurance or a society of which you are a member?)

Obviously you need the legal status for Job Seekers Allowance or new employment. Do you have enough documentation to sign up with agency for casual work whilst this is being sorted out? I haven't done that for such a long while I don't know if they require more than your NI number these days.