Confusion over Employer and Redundancy Entitlement

dancook

Free Member
Jun 2, 2008
1
0
Hi,

My employment began November '04 with company A,

My employer setup a new company (B) in 2006, November that year I was told that I would now be on the company B payroll. No contracts were ever brought up, and I'm not sure what happened to company A.

In April 2008, company B was put into liquidation and I was made redundant. In 2 months I have not received my remaining pay or P45 though I have chased it. I discussed at the time redundancy with the company, but as I had been employed with Company B for less than 2 years - I would not receive any payout.

Today I spoke to the tax office who do not have me registered as working with company B. I am registered as working with Company A since Nov '04 with no end date. I have a PAYE coding notice from HM Revenue and Customs for the tax year 2007-2008 which only mentions Company A as being my employer.

When I left the company in April, due to being told there is no redundancy it was agreed between the employer and I, that I could leave without notice. They no longer required me and I didn't want to work there any longer.

I've seen the CAB today, but won't get an appointment to discuss it till next week. Does anyone here have any advice? I feel perhaps I might be entitled to redundancy if I have been employed by Company A all along.

Thanks
 

Antonia @limeone.com

Free Member
Jan 28, 2006
1,703
141
Chester
You need to take specific advise on this as a transfer under TUPE to company B appears to have taken place however you say you left without notice so appear to have resigned. This needs clarifying so take advice with the CAB first then consider a no win no fee employment lawyer if there appears to be a case.
 
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Kevin Lucas

Free Member
May 6, 2008
23
5
sketchy details but I would agree with Antonia - appears to be transfer to co B, if so then you have a claim against the redundancy payments office for outstanding items, poss redundnacy and notice - but again agreeing with Antonia your description of your departure might cause an issue on the redundancy/notice point.

were you made redundant by letter from the company or the liquidator? At that point did you leave? It is common in these situations for employees to be made redundant and to leave immediately. When I'm putting a company into liquidation, my firm issues a letter to the employees on the company's behalf informing them they are redundant and their employment is terminated immediately - once the liquidation process has begun it is uncommon for trading to be continued and therefore there is no need for employees to be hanging around.

who were you paid by before and after the switch of co, did you get a letter telling you your employment had been transferred? This will all help to identify what happened in reality to your employment. If co a was a limited company, check companies house to see what happened to it.
 
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yorkshirejames

Free Member
Mar 2, 2006
2,562
352
London
In 2 months I have not received my remaining pay or P45 though I have chased it.

You must act fast. You only have three months to lodge papers with an employment tribunal (extendable in certain circumstances) and to comply with procedures about lodging an appeal against dismissal. You seem to have a claim for unpaid wages, possibly unpaid holiday pay, and a claim for redundancy payment (which I suggest you express as a claim for unfair dismissal).

Are you able to afford a solicitor, or would you like a bit more advice on how to do it yourself?
 
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