Complicated.. not redundant, yet no where to work and no pay!!

[rightsaidfred21]

Hi, got a bit of a complicated and urgent problem, hope someone can help!

 

The company I work for, was bought out last year and became part of a group of companies.

 

Recently, the group of companies has been struggling financially and owed the bank about £5 million.

 

This debt was then sold to a private individual for £3m - this individual then placed the group into administration, but for reasons I am not privy to, my particular company was not part of the administration.

 

It turns out that the private individual owns a rival company, and this rival company has now bought certain assets of the group.

 

This means that the other companies have been taken on by the rival company and will be paid as normal.

 

All other parts of the company that were not bought, are redundant and entitled to claim from the governement and redundancy pay.

 

Now, as we were not for sale as part of the adminstration, we are not redundant or taken on by the new company, however the private individual still has control of our company bank account and is refusing to release control so our wages can be paid... we were due to be paid on the 27th November and as of now, we have been paid only a 3rd.

 

He has also evicted us from our offices, as they were owned by another part of the company.

 

So, the situation at the moment is that I am employed by a company with no premises, no hardware, and more importantly no cash to pay us!

 

As we are not redundant, it would appear I am not able to claim JSA or anything along them lines.... I am down to my last £50 and there is no resolution in sight!

 

I really need to know where I stand on this and what I can do to get some money, I have bills to pay and no overdraft.... its geting really quite desperate now!

 

Thanks in advance!!

[scousegeezer]

RSF21,

You can claim jsa. Give thm a ring tomorrow. You do NOT have to be unemployed to get JSA . If you work less than 16hrs a week you can claim. Your circumstances are that you MAY have a job that is being kept open for you (or you may not). You may find that when you ring them you MAY be eligible for Income Support - ( would depend if you have another half and if she/he is working etc). But give them a call you will get benefit of one kind or another.

 

Cheers - Scousegeezer.

[rightsaidfred21]

Cheers mate, I will see what Help I can get tomorrow!

[scousegeezer]

RSF21,

How did u get on.

 

Cheers -Scousegeezer

[rightsaidfred21]

Not very well.... They didn't seem to know much at all, basically said because I am still under a contract to work more than 16 hours then I'm not eligible at all!

[scousegeezer]

RSF21,

That is not right at all. You are NOT actually working, therefore you can claim benefit. It does NOT matter that you have a contract. What matters is what hours you are working and what salary you are receiving. In effect you have been laid off , therefore eligible for benefits. PM me plse. I have PM'd you.

 

Cheers - Scousegeezerr

[elpulpo]

Have you any confidence, RSF21, that your work situation is going to sort itself out?

If you feel that the relationship has broken down, and there is no prospect of you carrying on working for them-no least no prospect that they're going to pay you anything more, then it might be better to move on.

 

I would put in a Formal Grievance ASAFP, and if they don't respond and get the matter sorted, take that you've been dismissed.

Then you'll be able to claim JSA at least.

They might review your claim, but I can't see them refusing in the circumstances.

 

Your employer paying you is a fairly fundamental part of your relationship.

[rightsaidfred21]

hi, the situation is really bizarre, when we were integrated into the "group" of companies last year, the group took over all HR, finance, IT basically all functions.

 

All these people were made redundant last week, so there is no management structure at all, no grievance procedure or anything!

 

There is no hope of saving the company, it will be a case of a new company being formed (alrerady done) and that company transferring the assets of the company (and staff) as of 2nd january - however i would rather not work for this company, and would prefer to take redundancy if possible.

 

I have some plans in the pipeline working alone, however I would like to take my time on this and not rush into it - but i havent been paid since 27th october and the money i had saved has already been used!

 

All i really need is something to pay my bills until my money that is owed is paid by the government, which will be after xmas by the look of it!

[elpulpo]

There's no one you caan contact at all about what is going on?

The 'private individual'?

 

I've been in the situation of being owed wages myself.

Experience has shown that the longer the employer takes coming up with the money, the less likely it is that it will materialise.

[rightsaidfred21]

well the company is in administration so i can claim it from the governement, just a matter of time im afraid!!

 

The only person is the "director" of the company, but he is useless and its pretty much his fault we are in this mess - we dont even have an office to work in any more!!

[scousegeezer]

RSF21,

I have PM'd u again.

 

Cheers - Scousegeezer