Employer unable to pay wages

another_casualty

Is his job hard to come by ( specialist ) . Could he possibly temp?
Not sure of his age etc . What about his colleagues ? What are their thoughts about leaving ? Maybe the company want to pay a pittance to new people ( cheap labour ) , and give your hubby the buns rush .
Seems like your husband and colleagues should treat the company like politicians and not trust them at all.

Guest101

sangie595 wrote: »

I am afraid there is little he can do. They can submit a letter before (legal) action for the money owed, but if the company don't have the money that won't make one iota of difference. And if the company refuses to go into administration, the cost of forcing that to happen would far exceed what is owed. If they simply stopped trading and didn't go into administration, then the government scheme does not compensate workers for wages or redundancy pay owed. So I would agree that getting another job would be the most reliable way of securing his income, albeit it won't solve his problem. But it will head off the bigger one if they simply cease trading.

Presumably there's a number of employees affected. as a group the cost per individual would be substantially smaller (assuming that other creditors aren't doing the same) ?

Dragonfly74

The original company is listed on company's house and voluntary liquidation, he has been employed by the same employer with different name and director. He is a welder and is 46. Don't want to say too much about the company on here I case it causes problems for him.

Guest101

Dragonfly74 wrote: »

The original company is listed on company's house and voluntary liquidation, he has been employed by the same employer with different name and director. He is a welder and is 46. Don't want to say too much about the company on here I case it causes problems for him.

What like not getting paid?....


If you want accurate advice, you need to give full details

Dragonfly74

But at least he still employed! I don't wasn't to name company in case there are other implications.

Guest101

Dragonfly74 wrote: »

But at least he still employed! I don't wasn't to name company in case there are other implications.

Fair enough, but that isn't what people asked for.


Simply put Company A, Company B, what relationship they have and what relationship your husband has with either/both

sangie595

Guest101 wrote: »

Fair enough, but that isn't what people asked for.


Simply put Company A, Company B, what relationship they have and what relationship your husband has with either/both

Quite. I didn't ask for names. But relationships and timescales are critical to the issue, and may open other options - or close them down entirely. We simply can't help if you don't tell us everything. Except the name. Although I suspect they are too busy to browse the web!

Dragonfly74

I wasn't being off with that comment, sorry if it was taken that way.

The company in June was put into voluntary liquidation.
To date their address has changed to a liquidation company.

The new company was named and had change of director in May along with two other company names linked.

He has been transferred under tupe with the new company. This wasn't discussed until the workers called a meeting to ask about their rights as most of them have been there a long time too.


This is the most I can find out.

I think something underhand is going on , but I don't know what.

Thank you in advance of your advice.

sangie595

Dragonfly74 wrote: »

I wasn't being off with that comment, sorry if it was taken that way.

The company in June was put into voluntary liquidation.
To date their address has changed to a liquidation company.

The new company was named and had change of director in May along with two other company names linked.

He has been transferred under tupe with the new company. This wasn't discussed until the workers called a meeting to ask about their rights as most of them have been there a long time too.


This is the most I can find out.

I think something underhand is going on , but I don't know what.

Thank you in advance of your advice.

It wasn't. It was just that we can't help with inadequate information. And actually I am still struggling. It may be that you don't know the answers or can't say them. Let's try specific questions...

Can you explain how the new company acquired the old company?
Which company owes you what?
Had ANYONE mentioned CVAs? You don't need to know what it means, just did anyone say anything like this?
Is the director of the old company on the new company - or related to any of them?
How do you know there was a TUPE? What were you told about this?
Please tell me what happened in this meeting the workers called.

I know this site doesn't like, for good reason, taking stuff to PMs. In fact, mine are disabled anyway. I don't want to make friends! But it may be reaching a point where I need to know who these companies are to be able to give any advice at all. Because what you are describing sounds wrong to me. Not just the normal "wrong" as in "employers are ****** and we all hate them" wrong. More wrong than that. For a new company took be unable to meet its obligations in just a month or two, even with "pheonixing" doesn't sound right. This may be beyond the remit of the public board - or it may be something you need a lawyer to look at. And if that isn't possible, you may have to draw a line under it and get the hell out. Because you may just be throwing good money after bad to try to get what you are owed.

Dragonfly74

Hi,

Thank you.

No mention of IVA, just a meeting , which my husband recorded , saying that they did not want to go down the redundancy route and this new company and the transfer of undertakings is a really unusual case, that is why it took so long for a letter clarifying the tupe.

The new company director is the old company directors wife , who is also the HR person. She is now the named director.

The last meeting held was where the unpaid wages were brought up. They were told that they were waiting on money to be paid for work completed. Since then they have a given a letter stating their greivance.

At present there is 3 weeks money owing, which I am sure will be 4 byThursday!

When he returns from site , he is going to approach them again for an update .

Thanks again