Some examples of people we have helped.
Employer goes into liquidation
Mr B was employed as a quality inspector. Throughout his employment there were various name changes to the company and Mr B continued working throughout without any problems.
In May 2008 Mr B received a letter informing him that he would no longer be working for Direct Services (Coventry) ltd and that as from 2nd June 2008 he would transfer to C K Quality Ltd. Mr B was also informed that he would no longer be an employee and would become self employed.
A meeting was arranged to discuss this but the only issue discussed was the fact that he had to become self employed. Mr B said that he did not want to be self employed. He was told that if he did not agree then there was nothing for him. His employment ended on 2nd June 2008.
Mr B did not receive any notice pay or redundancy payments. He wrote to his employer requesting payment but was told that the company had gone into liquidation. He also wrote to the new employer and asked them for payment but was told that he was not and never had been their employee so they would not pay him.
Mr B came to the Law Centre and we assisted him in writing letters to both employers and in making a claim to the Employment Tribunal. Normally when an employer goes into liquidation the Redundancy Payment’s Office will make some payments. However, in this case the RPO said that Mr B’s employment had transferred to the new employer and would not make any payments. The matter became quite complicated because the Secretary of State was joined as a party to the case and the second employer had ceased trading. The case took 18 months to get to a hearing. At tribunal we argued complex legal points under the TUPE Regulations because it was important for our client that he remained an employee of the first employer in order to get any compensation. The hearing was adjourned for further information to be obtained and after the hearing the Secretary of State agreed with our legal arguments and paid our client his redundancy entitlement.
No contract of employment
Mr G had been employed as a Steward at a local club for over 10 years. He did not have a contract of employment but worked without any problems until the club was purchased by a new owner. After this Mr G was asked to work in excess of 70 hours a week. He did not receive a pay slip (which is a legal requirement) and was paid in cash. A few weeks later his hours were dramatically cut to 20 per week and he could not manage and kept asking for pay slips and a contract. Shortly after that he was dismissed for allegedly stealing money from the safe. He was dismissed in front of all his colleagues and was not asked to attend a disciplinary meeting.
We assisted Mr G in making a claim to the tribunal and in dealing with his former employer who was legally represented. The case went to a full hearing and we represented our client at the hearing. During cross examination it became clear that Mr G's former employer had not been paying tax or national insurance. It was also clear that they had not followed any procedures when dismissing our client. The employer requested an adjournment during the hearing and we negotiated a settlement of £7,000 for our client.