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pearce75

No Notice, No Pay, No Job

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I walked into work (small company, 2 directors & 2 employees) last Monday (10/12/12) morning and after helping move some furniture under the impression that we were reshuffling the offices, my employer turned round and said the MOJ had taken their licences away to run claims and therefore there was no role for me and my services were no longer required, They were going to tell me on the Friday (7/12/12) before but they did not want to spoil my weekend.

 

In a state of shock, I went home, then I remembered about having to claim benefits and proving that I did not leave the job of my own free will. So I went back and ask for a copy of what had been said in writing and something just to say it was not my fault. He said he would do that and we arranged a time for me to pick it up. Meanwhile, I got in touch with my colleague who had been on holiday (this is what they told me, I had been working in a different room for a bit but still surprised she had'nt said anything directly). They had sacked her 2 wees before with the same statement, they had lost their licence, they sent her a text to break the bad news. The 2 directors are a couple who lived together, nothing to do with the story - just background info. This made me quite upset, they had said to me they had just lost their licence.

 

Surprise Surprise, when I went back to pick up the letter I asked for, there was nobody in, this happened a couple of times, because they live at the house where the offices are based, I called round early evening when I saw the lights on, the letter had not been done, I said I would come back in an hour and if it had not been done I would escalate it, I had been looking at ET's and citizens advice and starting to realise what I was entitled to. I should mention at this stage that I only started with the company in April 2012, even so, I still have some entitlements. When I returned, the letter had been left outside the house for me to pick up - this is what it said

 

As a result of losing our MOJ licence to operate a claims management business we will be closing the business immediately.

The ceasing to trade is a legal requirement and the continuation would be an offence.

The company will be wound up in the new year and will cease to exist soon after.

As a result your role will cease immediately and without any notice period. Your official last day was Friday the 7th December 2012. You have of course been in employment for over 12 months however this is simply for your information.

Needless to say that this is not your fault and we apologise that this event has ocurred.

Your final salary, holiday pay etc is being calculated by our book keepers and we will know shortly.

Hopefully you are able to find other work soon.

 

So not only did I not get notice but they backdated the last day to the Friday before the Monday they told me. They made the mistake of saying I had been in employment for over 12 months. I still have not received any pay.That night, the police came round, the directors had felt threatened by me, they had changed the ecalate part into write me a letter or else..... The police asked me to stay away, he was very nice about it, I showed him the letter and told him what had happened etc

 

I wrote them a letter saying that they owed me 2 weeks worked (28/11/12 - 10/12/12), 1 week in liew of notice and 3 weeks holiday, I had not had any since I started. I gave them a date for payment, I have checked my bank and nothing has been paid. What is my next move, I can call round but risk going to the police station. Although I cannot claim unfair dismissal, can I still apply to the employment tribunal to settle payments. Do I go to a small claims court, would I ask for additional. You have to imagine worse case scenario with these people, my colleague asked them for wage slips after taking advice from CAB, They txtd her

 

we have also taken advice and have been advised that no further correspondence is to be made.

 

These guys are going to clam up at every opportunity. I would also add that the MOJ said they had not taken their licenc of them, but they had put a condition on it. So they lied about the reason, they lied about when they found out, they gave no notice and I have received no monies owing. Whats my next step? Thank you

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straight to ET. No messing about.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The ET wording is a bit misleading, am I right in thinking I can still go to them even without a full years employment. I appreciate I cannot get unfair dismissal but will they still sort out payments owing.

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yes


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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