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Anyone involved in Employment Law?

Hey All

In need of some advice, tried some normal channels (solicitors etc) but with no joy without paying up front, basically my missus was with her company for just under 8 years (since college) she worked her way up to the operations manager about 3 years ago, when at the time she was promised (in writing) that her salary would be brought up to the level the job was worth (about 5k more), 3 years later (and no pay rise) the 2 directors gave out some pay rises at Xmas last year, needless to say it was just a cost of living rise. She then found out that staff members beneath her, mainly the ones the directors had taken a shine to were given more than double what she was, she then requested a meeting in which she outlined her concerns about the situation, her director became aggressive with her and she stopped the meeting.

In the 3 months after that this director then what I can only describe as bullied her (again we have proof via email print outs). Anyhow last month they were informed that the company was going to be put into liquidation and a "phoenix" company would then buy the old company (people familiar in this area will probably know of this kind of thing all the time), they were told some people would be taken over to the new company and some wouldn't, you can see where this is going, the staff weren't officially paid for march but this director gave a personal loan to the people he was bringing over to the new company, my missus not being one of them (the only one actually), she has been told to get her march salary and redundancy money (which is capped) from the government, this company is still trading and they are putting the company into liquidation on the 26th of this month, does that mean they are trading insolvently? is that illegal?

This company's clients are local councils they deal with children leaving social care, somebody informed some councils of what was going on and this bloke told all the staff still there it was my gf, which it wasn't, all in all this bloke is a crook at best I could go on, he smoked drugs with one of the kids they are meant to be looking after etc etc but is there anything she can do? is there a case for an employment tribunal?

Sorry for the essay, im kinda at my wits end with this whole situation so any sensible, objective advice is very welcome.

Comments

  • Sorry to hear about this Benny. I can't help but will say again to anyone reading this, join a Union. Unison, Unite, whatever, join a union.
  • My advice is go see a solicitor............it may cost you, but hey, thats life

    why try getting something for nothing - a solicitor specialising in employment law will know where your partner stands - so it might cost you £50 for an hour of their time..............but that is why they are there,

    Put it another way..........if you had come home tonight & you found that a water pipe had burst and you had water pouring out everywhere, what would you do............call a plumber & pay £50 to get it fixed or bleat about it on the internet & try to get "free" helkp whilst your house is slowly filling up with water.
  • Sounds like there could be a case for constructive dismissal here with the emails. Plus I know that there are TUPE regulations which protect the rights of employees when their company is taken over. With regards to redundancy, I'm fairly sure that wherever the money comes from, there is no right to additional redundancy, unless the employee can prove that other people working in similar jobs got a better deal (this last part I'm less sure of). Unfortunately my knowledge is somewhat out of date (1997!) although I'm sure others on here will know more. Citizens Advice could be one to try too. I do also know an Employment Law Specialist but she would charge and I don't know how much. For now I'd see what the rest of the guys here come up with but if you draw a blank and you want her number feel free to ask.
  • Ultimately the person best placed to advise on employment issues would be a solicitor who specialises in employment law. If you are in a union they may assist, or Solicitors online will give you a list of people who could assist local to yourself. Be upfront when you meet them and explain funding is an issue and they may be able to help. Good luck.
  • Benny speak to ACAS (Google their number)they give free advice employers and employers. Also,look at your home / household insurance there may be cover on employment issues, my insurance covers for employment issues, they will also give free advice. Soicitors - used to - give a short free period
  • echo what Kap10 and the others say.

    You need to move quickly to get professional, paid for advice not mess about asking on here as there will soon to no entity to take to a tribunial. even now it may be too late.
  • Thanks for the replies chaps

    Golf Addick
    the point of the post was to see if anyone in this sector could advise weather it would be worth spending money on a solicitors, but as per there is always one idiot who feels the need to throw in a sarky comment. Cheers!
  • [cite]Posted By: golfaddick[/cite]My advice is go see a solicitor............it may cost you, but hey, thats life

    why try getting something for nothing - a solicitor specialising in employment law will know where your partner stands - so it might cost you £50 for an hour of their time..............but that is why they are there,

    Put it another way..........if you had come home tonight & you found that a water pipe had burst and you had water pouring out everywhere, what would you do............call a plumber & pay £50 to get it fixed or bleat about it on the internet & try to get "free" helkp whilst your house is slowly filling up with water.

    Try £150 - £185 an hour. You'd probably fix that pipe yourself.

    I assume you've tried your household and motor insurance as most lawyers will refer you to these the minute you step in the door.

    In my experience unions are at the mercy of their legal partners who will only take on cases they are sure they're going to win. It depends on so many variables and the odds are stacked against you. You will recieve threats of picking up the other side's legal costs within days of starting any action, which they will incur without a second thought, so the thought of losing everything will be enough for most people to back down.

    My advice would be damage limitation - psychologically. See the CAB but don't get your hopes up and be there for her when she realises she's flogging a dead horse. Shit system, shit country.
  • Go and see a specialist solicitor today.

    This link shows the best employment law firms in the south east. Call one of them.

    http://www.chambersandpartners.com/UK/Editorial/39079
  • Benny, check your home or contents insurance: you might have ticked the box for legal cover. Potentially that tick could mean that your legal expenses in such a matter would be covered, worth having a look.
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  • BTW, I bet the company isn't really being liquidated that quickly - I expect its being put into liquidation. That means that a liquidator will be appointed (usually an accountant). It's his job to act on behalf of the creditors of the firm going into liquidation.

    It sounds as if your wife may be a creditor.
  • I'm a legal Exec but unfortunetly not in employment.

    Like other have suggested you need to go and see an employment specialist because it's a minefield area if you don't know what your doing.

    Citizens advice and ACAS may be able to help or alternitivly, ring a few local solicitors and you should be able to find one that will give you a first consultaion for free, most do these days.

    Hope that helps.
  • Would agree with the others, about a year ago I was involved in a situation where the company I was working for was replaced by another servicing the same client. We were all protected by TUPE, however it became apparent that I was not part of any future plans. I saw a solicitor who not only gave me good advice but made the new company very careful about how they went about things (scared sh**less would be a better term for it). In the end it was practically impossible for them to make me redundant so they had to make me an offer (compromise agreement) which the solicitor helped me with. It did cost, but at least I knew at the end that I got the best outcome that I could, don't think I could have dealt with these people on my own.
  • edited April 2011
    [cite]Posted By: AshTray[/cite]You will recieve threats of picking up the other side's legal costs

    Can't happen in an indutrial tribunal, fairly certain.

    There is quite a lot of incorrect information on this thread already, I'm sure anything I say will just increase that, all I can say is that you really do need to seek proper legal advise, quickly.
  • As a retired Personnel Director I echo the other advice that you consult an employment lawyer asap. I had a similar problem before ~I retired and even with my professional knowledge I still took advice from an employment lawyer, and it was worth it as Nug said it scares them sh**less and they know that they can't get away with anything.

    Good luck.
  • It's a good idea to get advice from wherever you can. My wife had an issue with regards to employment law and she used the CAB for advice, plus a friend of ours who has a lot of experience on the other side of the fence (i.e. he's been a company director). I don't think it's a bad idea to delay paying for advice until you have to but, as has been said above, time may be ticking away.
  • edited April 2011
    [cite]Posted By: Stu of HU5[/cite]
    [cite]Posted By: AshTray[/cite]You will recieve threats of picking up the other side's legal costs

    Can't happen in an indutrial tribunal, fairly certain.

    There is quite a lot of incorrect information on this thread already, I'm sure anything I say will just increase that, all I can say is that you really do need to seek proper legal advise, quickly.

    The Employer picks up the Tribunal tab even if he wins as things stand. There is talk of changing that to avoid "vexatious" (I think the term used is) claims.

    EDIT: I think there are very strict time limits re Tribunals, weeks rather than months, so be aware of that if you use that route.
  • Whilst echoing what mot have said here just a couple of points.

    I believe under some redundancy laws she may be entitled to free advice from a lawyer - worth checking out.
    Then check your home insurance as this also often covers you.

    And thirdly ignore what people are saying about constructive dismissal, it's not and it’s the hardest thing to prove anyway but weirdly something that always seems to get bandied around by people.
  • Classic Golfie post!
  • edited April 2011
    http://www.acas.org.uk/index.aspx?articleid=1655

    As Kap10 said ACAS can be useful. There is a helpline number on the "contact us" section of the home page.
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  • Let us know how things go and the outcome, but please unless someone on here is an employment lawyer treat what is said here with care and get moving quickly, it does not take long to call ACAS or check your household insurance. Remember on the insurance that the insurance company would only back you if they believe there is a chance of winning. I can recommend a solicitor who won for me and a colleague if you want any recommendations. If you do get a free consultation, make sure before you meet you have documented all the events and as near as dammit times and "he said / I said" I did a 20-30 page document, and let him have it before the meeting.

    But try and get the free advice first.
  • [cite]Posted By: DRF[/cite]
    And thirdly ignore what people are saying about constructive dismissal, it's not and it’s the hardest thing to prove anyway but weirdly something that always seems to get bandied around by people.

    That's right. Constructive dismissal is where there has been a breach of contract that has made your job untenable and forced you to resign. It's a notoriously high risk strategy because you have to resign first. Redundancy is a form of dismissal, so she can make a claim to an Employment Tribunal for unfair dismissal. You have to lodge it within 3 months. The Tribunal can award costs against you but only if your action is deemed vexatious or misconceived (i.e. no real prospect of success). Neither would seem to apply in this case though.
  • [cite]Posted By: Kap10[/cite] If you do get a free consultation, make sure before you meet you have documented all the events and as near as dammit times and "he said / I said" I did a 20-30 page document, and let him have it before the meeting.

    Is violence really the answer?
  • Cheers again chaps, have booked an appointment with a solicitor for next week (we gave them a very brief outline and they said they would give us the first hour of consultation free), I will take all the above on board spoke to ACAS and they say they cant actually give legal advice but suggested there was a case there, will keep u posted, really hope something comes of it as this bloke is utter utter scum and since Xmas has been making my gf's life hell.
  • good luck mate some firms are being proper nasty at the mo


    i wish you all the best


    cheer up golfie it may never happen
  • [quote][cite]Posted By: Benny Hill[/cite]Cheers again chaps, have booked an appointment with a solicitor for next week (we gave them a very brief outline and they said they would give us the first hour of consultation free), I will take all the above on board spoke to ACAS and they say they cant actually give legal advice but suggested there was a case there, will keep u posted, really hope something comes of it as this bloke is utter utter scum and since Xmas has been making my gf's life hell.[/quote]

    Certainly seems like she has a case, bet she is thankful at this time she has a supportive bf
  • [cite]Posted By: kimbo[/cite]
    [cite]Posted By: Benny Hill[/cite]Cheers again chaps, have booked an appointment with a solicitor for next week (we gave them a very brief outline and they said they would give us the first hour of consultation free), I will take all the above on board spoke to ACAS and they say they cant actually give legal advice but suggested there was a case there, will keep u posted, really hope something comes of it as this bloke is utter utter scum and since Xmas has been making my gf's life hell.

    Certainly seems like she has a case, bet she is thankful at this time she has a supportive bf

    And a supportive Charlton Life
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