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Job taken whilst on maternity leave. And more issues.

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Hi,

 

I found this forum so useful when I had issues at work and won my case thanks to the info!! Thanks for that:wink:

 

Now my partner has problems. She is currently on maternity leave. In Aug last year whilst on leave, another employee of the same company said she had been promoted to Deputy Manger which is my partners position. I told her this was not allowed, and cannot be done. She spoke to her employer who told her this was a temporary thing.

 

However, there has been a new owner of the company. The other employee has now been promoted to Manager, and another girl has took the Deputy Manager/my partners job!

 

My partner now has no job to go back to! And to add more fuel to the fire has not been paid her holiday money, or received wage slips since the new owner took over.

 

The saga does not just stop there......

 

Apparently, the new owner has now ran off with the money, and the actual sale/transfer of the company did not complete! Now she is being told the old company owner is responcable for her wages and employment issues. This seems very strange to me how a person can take over a company, take the money, take on new employees and then disappear leaving the previos owner to deal with it.

 

What can she do? Her job position has been taken, she has not been paid, and now feels she cannot go back to her job of 8 years!

 

Any advise would be great!

 

Many Thanks.

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Hello again. Thank you for letting us know the result of the advice from here last time.

 

HB


Illegitimi non carborundum

 

 

 

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Hi HB, Thanks for all the advise last time. It was very useful to me. Id there anything my partner can do, do you think?

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Yuck. This is messy - and pretty rare. I have to be honest - I am not sure that the previous owner is responsible (and it's pretty rare that I am not sure too!). Even if this is a TUPE transfer (and it isn't clear how the transfer of the company took place, so we don't know that) the legal provisions don't allow for the new owner running away with the cash! I think that it is probably correct that if the sale did not complete, then the old owner is still the owner - possibly for what it is worth, which will probably be very little if she has run off with the money! On the question of her position - then what she has been told is correct. The employer can certainly put someone in the place temporarily and if she has not yet retuurned there is no case unless she returns to no job. So the employer does have to sort that out when she is returning. Assuming there are any jobs to return to because this may well be the death knell for the company if, as I suspect, it is small (because nobody large would be stupid enough to let the new owner near the cash until after completion!). So she must take it up with the owner (what you decsribed as the previous owner - but since completion of the sale did not happen they are still the owner). God, what a mess! Do that and then come back when you have some answers.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hi SarE, thanks for the reply. My partner does want to go back to work now, but there is nowhere for her to go. And the fact that nobody has been paid due to the new owner doing a runner, doesn't feel like she can go back with the financial issues.

 

It is a real mess!! But we really do not know what to do for the best. She loves her job, but she does not know what to do for the best.

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I think the route SarEl has advised you to take is right, trying to ascertain who is responsible. Is she in an occupation that's regulated?

 

Last time we had something similar, the staff all worked together to try and resolve what was happening. Is your OH in touch with her colleagues? It sounds tough for all concerned.

 

Sadly, I don't think we heard the outcome of the other thread, which is always disappointing.

 

My best, HB


Illegitimi non carborundum

 

 

 

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The bottom line is that she must return to work - then sort it out (assuming she is due to return now - if not try to sort it out now anyway). The law is on her side, but it really is so incredibly messy so if this has bankrupted the employer it may be moot. But this isn't her problem so she must just try to do what she can - and do what she must (like return to work). See what happens, but don't leave it too long - and I think this will need legal advice because of the mess.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Hi Everyone,

 

Well, so far it appears I am being told lies on lies, and getting nowhere. My partner is owed £1500, and we need it now.

 

The story we are being told now, is that the business was taken over fraudulantly and therefore the transfer did not take place. However, according to the previous owner, she cannot take this money out of the business as she does not own it even though the transaction did not complete?? Surely this is just crap? The previous owner P45'd my partner whilst on maternity leave, (which my partner did not know about! It was hidden in some paperwork!) so says she is not responcible for the money. Is this wrongful dismissal?

 

The women who apparently frauded the solicitor, is still involved? Surely she should of been arrested?

 

I have told my partner to contact acas. Any advise would be great!!

 

Thanks again.

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Oh dear, I'm very sorry to hear that. I don't know what to advise right now, but if I think of anything, I'll come back and post.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Many thanks HB. Look forward to your reply!

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ACAS cannot help here - not that they can help often. You need legal advice. It isn't clear here who owes who what or what has been done.


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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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This is the problem, we don't know what to do. We cannot get any sense out of anyone on who owns the business, but yet it is still open and running? Someone must own it!

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Not necessarily. I know that sounds daft, but it isn't. You do need some legal advice here.


--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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