Advice needed on pay entitlement - can employer just stop pay in current circumstances

Molly56

Thrugelmir said:

Molly56 said:

Thrugelmir said:

Unsure why you believe that the employer should discuss his business affairs with you. A totally seperate issue to that of the redundancy. 

Other than it has a direct impact on his ability to pay redundancy monies due so tend to disagree.....if he had sold the vehicle monies would have been available to pay his dues on termination of employment....if he leases it there will probably not be.

If an employer becomes insolvent then employees have a right to claim unpaid wages, holiday pay, redundancy pay etc from the Government. 

Not if the employer is operating as a sole trader as is the case here......

JCS1

Molly56 said:

Thrugelmir said:

Molly56 said:

Thrugelmir said:

Unsure why you believe that the employer should discuss his business affairs with you. A totally seperate issue to that of the redundancy. 

Other than it has a direct impact on his ability to pay redundancy monies due so tend to disagree.....if he had sold the vehicle monies would have been available to pay his dues on termination of employment....if he leases it there will probably not be.

If an employer becomes insolvent then employees have a right to claim unpaid wages, holiday pay, redundancy pay etc from the Government. 

Not if the employer is operating as a sole trader as is the case here......

It would if he went personally bankrupt.

Molly56

Any thoughts as to why he is now asking for employee to sign standard terms of employment now (see query on previous page) when he has never had one in all of fifteen previous years of employment and now on the verge of leaving.........

GDB2222

Molly56 said:

Any thoughts as to why he is now asking for employee to sign standard terms of employment now (see query on previous page) when he has never had one in all of fifteen previous years of employment and now on the verge of leaving.........

His solicitor told him to. So there's no argument about what the terms of employment are. That's clearly in both parties' best interests.

You're over-thinking this. Wait and see what the bit of paper says. If it's reasonable, sign it. If it's not, say so. 

Molly56

Employer has just said he is sending letter outlining redundancy ....will receive via email later.....but has verbally stated he can pay notice money (12 weeks at full pay) but NOT lump sum payment (15 years service) 
Thinking we need to take serious advice now.....but where.......

Molly56

....don’t think Citizens advice can tell us anything we don’t already know......impossible to get through to ACAS, not even put in a queue.....considering solicitor but reluctant unless somehow we can recover costs......
....employer (sole trader) is claiming insolvency but is still planning to continue in business, currently planning to sign lease agreement to lease out vehicle and also to hold onto PSV operators licence to hopefully pick up work in the future.....
....as an employee unable to go to RPS as no insolvency practioner / case number to quote....
...just consolidating all info and evidence in preparation .....think we have a good case but just need to action it somehow 

Jeremy535897

See what the email says. If it offers no redundancy, then it may be the next step is an employment tribunal.

Molly56

Can Force Majeure be used as a get out clause for employer to get out of paying redundancy entitlement....letter from employer is suggesting he is relying on this....

Jeremy535897

That is a legal question, but I think the answer must be no. When an employer cannot pay due to insolvency, the government steps in. If a force majeure clause meant the employer did not have to pay, the employee would be worse off than if the employer went bankrupt. 

GDB2222

Suppose you go to tribunal and win, that doesn’t mean you get paid. You still have to enforce the judgment. That could mean bankrupting someone your husband has worked with for 15 years. Plus, it’s rather an expensive process to bankrupt someone. I suggest not starting on this road unless you are absolutely sure you are prepared to complete the journey.

Just checked - it’s a £600 fee to file the bankruptcy papers.