Employer Forced Us to Leave With Nothing

[eurostuff]

Me & my wife worked for a company for 3 years when the company was sold to another one. During our time with the original company we applied for a mortgage. The mortgage company asked us for payslips, bank statements & a letter to confirm our employment status & pay, which the company supplied. In the letter supplied by the company it stated we were on £20k & £25k each & employed by them full time.

 

Our pay pattern at the company was such that, one week we could earn £1000 each, another £200 each, but with allowances it did trun out to be roughly in the ball park, of what they wrote in the employment status letter. All was fine until the new company took over.

 

In the transitional period we were promise more work & thus a higher pay, but I felt I needed to make sure by asking for an employment contract. It never materialised after asking for one for 9 months. Over this 9 month our pay fell & fell to the point I was offered 3 hours pay at £6 an hour on a take it or leave it basis. So we left given no choice & started going through the employment tribunal system.

 

I complained to the directors through the employees grievance process as i was instructed by acas & he told me that, the letter was written for my mortgage company & ment nothing & an employment contract was worthless. He also told me that he owed my nothing & to take it to court if I wanted too & he would fight it all the way.

 

In short we have the employment tribunal coming up & wonder what your thoughts are?. Scince we left he has come up with all sorts, including we have turned down work, (never did once until was offered 3 hours at £6 an hour for one person), to I have the records from the old company proving how much we were paid & also maintains the letter of employment status & earnings is worthless because the company pay records prove different. He also spouted TUPE stuff, but that means nothing to me at all.

 

Who is in the right & who is in the wrong?.

[cadencealex]

It would seem you have the upper hand - you can say that since the company took over, you and your wife were surplus to requirement and have worked you out of jobs?

[boswell]

The purpose of TUPE is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.

By the sounds of things you could well have a case, have alook at this link about Tupe.

 

http://www.berr.gov.uk/files/file20761.pdf