Employment rights

SamBadger

I don't know where to begin to be honest, the Ltd company myself and another colleague work for has no directors as the most recent one resigned.  Which in uncertain terms is a no no on the same day this director paid our wages up to that working day, but we didn't receive any letter of notice so continued to work under instruction from ACAS as no one had made us redundant and more a less being guided by the shareholders.  So due to this I felt I had to look for work and the director/shareholder that resigned just happen to give me an address for a job of which I applied and got, so I handed my notice in to be told that they are now paying us up to date a month early but to work our notice as they are closing the business down. What angers me we have had no letters to inform us of this or discussions and it makes me think they wanted us to get others jobs so that they do not have to make us redundant because the business cannot run without a director or us as staff. 

Undervalued

SamBadger said:

I don't know where to begin to be honest, the Ltd company myself and another colleague work for has no directors as the most recent one resigned.  Which in uncertain terms is a no no on the same day this director paid our wages up to that working day, but we didn't receive any letter of notice so continued to work under instruction from ACAS as no one had made us redundant and more a less being guided by the shareholders.  So due to this I felt I had to look for work and the director/shareholder that resigned just happen to give me an address for a job of which I applied and got, so I handed my notice in to be told that they are now paying us up to date a month early but to work our notice as they are closing the business down. What angers me we have had no letters to inform us of this or discussions and it makes me think they wanted us to get others jobs so that they do not have to make us redundant because the business cannot run without a director or us as staff. 

Not a great situation for you but do you have any specific questions?

Obviously any company can decide to close down and make any staff redundant if the directors so choose. They must of course pay the greater of statutory or contractual notice pay plus, if the staff have been employed for more than two years, at least their statutory redundancy entitlement.

If the company is insolvent then some of this, at least, is underwritten by the government.

elsien

So are you able to work your notice despite having the other job or does your new job now start before the new notice period of the current role ends?

Marcon

Undervalued said:

SamBadger said:

I don't know where to begin to be honest, the Ltd company myself and another colleague work for has no directors as the most recent one resigned.  Which in uncertain terms is a no no on the same day this director paid our wages up to that working day, but we didn't receive any letter of notice so continued to work under instruction from ACAS as no one had made us redundant and more a less being guided by the shareholders.  So due to this I felt I had to look for work and the director/shareholder that resigned just happen to give me an address for a job of which I applied and got, so I handed my notice in to be told that they are now paying us up to date a month early but to work our notice as they are closing the business down. What angers me we have had no letters to inform us of this or discussions and it makes me think they wanted us to get others jobs so that they do not have to make us redundant because the business cannot run without a director or us as staff. 

Not a great situation for you but do you have any specific questions?

Obviously any company can decide to close down and make any staff redundant if the directors so choose. They must of course pay the greater of statutory or contractual notice pay plus, if the staff have been employed for more than two years, at least their statutory redundancy entitlement.

If the company is insolvent then some of this, at least, is underwritten by the government.

I think OP's beef is that they've just resigned so won't quality for redundancy pay, since the reason for leaving is resignation rather than dismissal on grounds of redundancy.

In their shoes I'd be pretty cross too! Hopefully the new job is going to be one of those 'blessing in disguise' situations...